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CITY OF VIRGINIA BEACH, VA. v. DEPT. OF COMMERCE

No. 93-1038.

995 F.2d 1247 (1993)

The CITY OF VIRGINIA BEACH, VIRGINIA; Thomas M. Leahy, III, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF COMMERCE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 1993.

Attorney(s) appearing for the Case

Steve Frank, Civ. Div., U.S. Dept. of Justice, Washington, DC (Stuart M. Gerson, Asst. Atty. Gen., Richard Cullen, U.S. Atty., Leonard Schaitman, on brief), for appellant.

George A. Somerville, Mays & Valentine, Richmond, VA (John F. Kay, Jr., M. Scott Hart, Susan Warriner Custer, Richmond, VA, Leslie L. Lilley, City Atty., William M. Macali, Asst. City Atty., City of Virginia Beach, Virginia Beach, VA, on brief), for appellees.

Before PHILLIPS, HAMILTON, and LUTTIG, Circuit Judges.

OPINION

PHILLIPS, Circuit Judge:

In this case, we consider the scope of the deliberative process privilege incorporated into Exemption 5 of the Freedom of Information Act ("FOIA"), 5 U.S.C.A. § 552 (1988 & Supp.1993). The United States Department of Commerce ("the government") appeals an order of summary judgment requiring its branch agency, the National Marine Fisheries Service ("NMFS"), to release certain documents withheld from the City of Virginia...

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