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ANDERSON v. U.S. DEPT. OF HEALTH & HUMAN SERVICES

No. 92-4125.

3 F.3d 1383 (1993)

Celia ANDERSON, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES; Donna E. Shalala, Secretary of U.S. Dept. of Health & Human Services; United States Food and Drug Administration; Dr. Frank Young, Defendants-Appellees, Dow Corning Corp., Defendant-Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

August 27, 1993.

Attorney(s) appearing for the Case

Edward T. Wells and Robert J. Debry of Robert J. Debry & Associates, Salt Lake City, UT, for plaintiff-appellant.

David J. Jordan, U.S. Atty. and Stephen J. Sorenson, Asst. U.S. Atty., Office of U.S. Atty., Salt Lake City, UT, for defendants-appellees.

Burt A. Braverman of Cole, Raywid & Braverman, Washington, DC and Ray R. Christensen of Christensen, Jensen & Powell, Salt Lake City, UT, for defendant-intervenor-appellee.

Before McKAY, Chief Judge, SETH, and BARRETT, Circuit Judges.

BARRETT, Senior Circuit Judge.

Plaintiff appeals the district court's order of June 29, 1992, dismissing her action as moot, granting her leave to apply for attorney's fees, and denying her request to take depositions in connection with her fee application. This appeal presents two issues: (1) whether the district court properly dismissed plaintiff's action to compel the production of documents under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, once...

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