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FOOD CHEMICAL NEWS v. DHHS

No. 91-5318.

980 F.2d 1468 (1992)

FOOD CHEMICAL NEWS, Appellant, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 18, 1992.

As Amended on Denial of Rehearing January 25, 1993.

Attorney(s) appearing for the Case

Theresa A. Amato, with whom Alan B. Morrison and Patti A. Goldman were on the brief, for appellant.

Richard Alan Olderman, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, were on the brief, for appellee.

Before: MIKVA, Chief Judge, WALD and EDWARDS, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This case comes to us in a somewhat confused posture, because it appears that the relief sought on appeal may not be inconsistent with the final judgment reached by the District Court. This case focuses on the relationship between section 10(b) of the Federal Advisory Committee Act ("FACA"), 5 U.S.C. app. § 10(b) (1988), and the Freedom of Information Act ...

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