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ASSEMBLY OF STATE OF CAL. v. U.S. DEPT. OF COMMERCE

No. 92-15217.

968 F.2d 916 (1992)

ASSEMBLY OF THE STATE OF CALIFORNIA, Honorable Willie L. Brown, Jr., Speaker of the Assembly of the State of California; Honorable Peter R. Chacon, Chairman, Assembly Committee on Elections, Reapportionment & Constitutional Amendments; Assembly Committee on Elections, Reapportionment & Constitutional Amendments of the Assembly of the State of California, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF COMMERCE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1992.

As Amended on Denial of Rehearing and Rehearing September 17, 1992.

Attorney(s) appearing for the Case

Mark Stern, U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Charles C. Marson, Remcho, Johansen & Purcell, San Francisco, Cal., for plaintiff-appellee.

Before FLETCHER, POOLE and T.G. NELSON, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc September 17, 1992.

FLETCHER, Circuit Judge:

The Department of Commerce ("DOC") appeals the district court's summary judgment in favor of the Assembly of California ("Assembly") requiring that computer tapes containing statistically adjusted figures from the 1990 census be released to Assembly under the Freedom of Information Act ("FOIA"). DOC argues that the tapes are protected by Exemption 5's deliberative...

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