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LANDANO v. U.S. DEPT. OF JUSTICE

No. 91-5161.

956 F.2d 422 (1992)

Vincent James LANDANO v. UNITED STATES DEPARTMENT OF JUSTICE; the Federal Bureau of Investigation, Appellants.

United States Court of Appeals, Third Circuit.

Decided February 11, 1992.

As Amended February 24, 1992.

On Petition for Rehearing April 14, 1992.

Attorney(s) appearing for the Case

Stuart M. Gerson, Asst. Atty. Gen., Michael Chertoff, U.S. Atty., Susan C. Cassell, Asst. U.S. Atty., and Leonard Schaitman, John F. Daly (argued), Attys., Appellate Staff, Dept. of Justice, Civ. Div., Washington, D.C., for appellants.

Neil M. Mullin (argued), Smith, Mullin & Kiernan, P.C., West Orange, N.J., for appellee.

Before STAPLETON, SCIRICA and ALDISERT, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

In this appeal, we focus on Exemptions 7(C) and 7(D) to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552(b)(7)(C)-(D). These exemptions are at the center of a dispute between plaintiff-appellee Vincent Landano and defendants-appellants the Federal Bureau of Investigation and Department of Justice (collectively the "FBI") over Landano's request under the FOIA for documents relating to the 1976 murder...

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