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DETROIT FREE PRESS, INC. v. DEPARTMENT OF JUSTICE

Nos. 94-1540, 94-1720.

73 F.3d 93 (1996)

DETROIT FREE PRESS, INC., Plaintiff-Appellee, v. DEPARTMENT OF JUSTICE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 12, 1996.

Attorney(s) appearing for the Case

Herschel P. Fink (argued and briefed), Michael A. Gruskin, Honigman, Miller, Schwartz & Cohn, Detroit, MI, for Detroit Free Press, Inc.

Jane E. Kirtley (briefed), Reporter's Committee for Freedom of the Press, Washington, DC, for Reporter's Committee for Freedom of the Press.

Leonard Schaitman, U.S. Department of Justice, Appellate Staff, Civil Division, Washington, DC, L. Michael Wicks, Asst. U.S. Attorney, Office of the U.S. Attorney, Detroit. MI, John F. Daly (argued and briefed), U.S. Department of Justice, Appellate Staff, Civil Division, Washington, DC, for Department of Justice.

Before: JONES, NORRIS, and DAUGHTREY, Circuit Judges.

DAUGHTREY, J., delivered the opinion of the court, in which JONES, J., joined. NORRIS, J. (pp. 99-100), delivered a separate dissenting opinion.

DAUGHTREY, Circuit Judge.

Pursuant to the Freedom of Information Act, 5 U.S.C. § 552, the Detroit Free Press sought the release of mug shots of eight named individuals who were then under indictment and awaiting trial on federal charges. The United States Marshals Service of the Department of Justice denied the...

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