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IN RE U.S.

No. 87-5383.

927 F.2d 626 (1991)

In re UNITED STATES of America, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

March 8, 1991.

Attorney(s) appearing for the Case

Barbara L. Herwig and Freddi Lipstein, Attys., Dept. of Justice, were on the joint motion to vacate decision as moot, for petitioner. Jay B. Stephens, U.S. Atty., Larry R. Gregg and John R. Boulton, Attys., Dept. of Justice, also entered appearances, for petitioner.

Kate Martin was on the joint motion to vacate decision as moot, for respondents. Arthur Spitzer, Elizabeth Symonds, Ronald A. Stern, Geoffry F. Aronow, Alfred Winchell Whitaker, Timothy S. Hardy, and Stuart A.C. Drake also entered appearances, for respondents.

Before MIKVA, Chief Judge, D.H. GINSBURG, Circuit Judge, and ROSENN, Senior Circuit Judge for the Third Circuit.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

In an earlier phase of this litigation, we denied the Government's petition for a writ of mandamus directing the district court to dismiss the case, on the basis of the Government's state secret privilege. 872 F.2d 472 (D.C.Cir.1989). The Government then petitioned the Supreme Court for a writ of certiorari. While that petition was pending...

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