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McDONNELL DOUGLAS CORP. v. U.S. E.E.O.C.

No. 4:95CV431 CDP.

922 F.Supp. 235 (1996)

McDONNELL DOUGLAS CORPORATION, Plaintiff, v. UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendant.

United States District Court, E.D. Missouri, Eastern Division.

April 16, 1996.

Attorney(s) appearing for the Case

Michael P. Burke, Dennis C. Donnelly, Partner, Bryan Cave, St. Louis, MO, for plaintiff.

Eric T. Tolen, Asst. U.S. Attorney, St. Louis, MO, Daniel T. Riordan, E.E.O.C., Office of General Council, Washington, DC, for defendant.

MEMORANDUM AND ORDER

PERRY, District Judge.

This reverse FOIA case presents the question whether FOIA's exemption 4 applies to otherwise privileged documents that were submitted to the EEOC pursuant to an administrative subpoena. The Court agrees with the plaintiff/submitter here that the documents are commercial or financial information that is confidential and privileged under exemption 4, and that the EEOC should be enjoined from producing them...

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