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STATE EX REL. OKL. DEPT. OF PUBLIC SAFETY v. U.S.

No. 97-6389.

161 F.3d 1266 (1998)

STATE OF OKLAHOMA, ex rel OKLAHOMA DEPARTMENT OF PUBLIC SAFETY, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 3, 1998.

Attorney(s) appearing for the Case

James Robert Johnson, Assistant Attorney General (Douglas F. Price, Assistant Attorney General, and John K. Lindsey, General Counsel, Oklahoma Department of Public Safety, with him on the brief), Oklahoma City, Oklahoma, for Plaintiff-Appellee.

Mark B. Stern (Alisa B. Klein and Daniel Kaplan with him on the brief), Appellate Staff, Civil Division, Department of Justice, Washington, D.C. for Defendant-Appellant.

Robin L. Rivett, Anne M. Hawkins, and Deborah J. La Fetra, Of Counsel, Pacific Legal Foundation, Sacramento, California, filed an Amicus Curiae Brief in Support of Plaintiff-Appellee.

Thomas H. Odom, Gregory S. Feder, and Marc R. Baluda of Arter & Hadden LLP, Washington, D.C., Bill Pryor, Attorney General, Billington M. Garrett, Assistant Attorney General, and Jack Curtis, Assistant Attorney General, Montgomery, Alabama, and William U. Hill, Attorney General, Cheyenne, Wyoming, filed an Amicus Curiae Brief in Support of Plaintiff-Appellee.

Before ANDERSON, HOLLOWAY, and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

In this case, Oklahoma's open record laws and federal legislation preventing disclosure of information contained in motor vehicle records are in conflict. The Oklahoma Highway Safety Code, Okla. Stat. tit. 47, § 6-117(H), and the Oklahoma Open Records Act, Okla. Stat. tit. 51, § 24A.5, require that information about any individual identified in the records of Oklahoma's motor vehicle department be available for public inspection for...

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