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ACLU FOUNDATION OF SOUTHERN CALIFORNIA v. BARR

No. 90-5261.

952 F.2d 457 (1991)

ACLU FOUNDATION OF SOUTHERN CALIFORNIA, et al., Appellants, v. William P. BARR, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 27, 1991.

Rehearing and Rehearing Denied February 26, 1992.

Attorney(s) appearing for the Case

Kate Martin, Washington, D.C., with whom William J. Genego, Santa Monica, Cal., was on the brief, for appellants.

Douglas Letter, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., and Jay B. Stephens, U.S. Atty., Washington, D.C., were on the brief, for appellees.

Before EDWARDS, WILLIAMS and RANDOLPH, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 26, 1992.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This is an appeal from the district court's dismissal of a complaint for failure to state a claim upon which relief could be granted. Despite its simple procedural posture, the case presents complex questions regarding the Foreign Intelligence Surveillance Act (FISA) (50 U.S.C. §§ 1801-1811), and the

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