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ANDERSON v. SECRETARY OF HEALTH AND HUMAN SERVICES

Nos. 94-4160, 94-4237.

80 F.3d 1500 (1996)

Celia ANDERSON, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, United States Food and Drug Administration and Frank Young, Defendants-Appellees, Dow Corning Corporation, Defendant-Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

April 9, 1996.

Attorney(s) appearing for the Case

Ted D. Blanchard (Robert J. Debry and Edward T. Wells of Robert J. Debry & Associates, Salt Lake City, Utah, on the briefs), for Plaintiff-Appellant.

Stephen J. Sorenson, Assistant United States Attorney (Scott M. Matheson, Jr., United States Attorney, Salt Lake City, Utah, with him on the briefs), for Defendants-Appellees.

Burt A. Braverman and Todd G. Hartman of Cole, Raywid & Braverman, Washington, DC; Ray R. Christensen of Christensen, Jensen & Powell, Salt Lake City, Utah; Of Counsel: Harvey L. Steinberg of Dow Corning Corporation, Midland, Michigan, filed a brief on behalf of Dow Corning Corporation.

Before TACHA, LOGAN and REAVLEY, Circuit Judges.

LOGAN, Circuit Judge.

These consolidated appeals stem from plaintiff Celia Anderson's Freedom of Information Act (FOIA) case. She appeals in No. 94-4160 the order granting in part and denying in part her application for attorney's fees and her request for discovery, and in No. 94-4237 the order awarding costs.

I

This litigation is before this court for the third time. Plaintiff originally sued in state court for injuries allegedly caused by an injection...

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