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DAVIS v. U.S. DEPT. OF JUSTICE

No. 91-5209.

968 F.2d 1276 (1992)

John DAVIS v. UNITED STATES DEPARTMENT OF JUSTICE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 1992.

Attorney(s) appearing for the Case

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 appellant. John D. Bates, R. Craig Lawrence, and Susan A. Nellor, Asst. U.S. Attys., Washington, D.C., also entered appearances for appellant.

James H. Lesar, Washington, D.C., for appellee.

Before: SILBERMAN, BUCKLEY, and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The government appeals from a district court order under the Freedom of Information Act (FOIA) directing the Department of Justice to release tape recordings made in 1979 and 1980 during a criminal investigation of reputed mafia boss Carlos Marcello. Portions of some of the tapes were introduced into evidence during the trial of Marcello and others in 1981, but neither the requester...

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