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STATE OF MO v. U.S. ARMY CORPS OF ENGINEERS

No. 97-3774.

147 F.3d 708 (1998)

STATE OF MISSOURI, ex rel David A. SHORR, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 18, 1998.

Attorney(s) appearing for the Case

William J. Bryan, Asst. Atty. Gen., Jefferson City, Mo, argued, for Plaintiff-Appellant.

Jerry L. Short, Asst. U.S. Atty., Kansas City, MO, argued (Stephen L. Hill, Jr., on the brief), for Defendant-Appellee.

Before BEAM and MURPHY, Circuit Judges, and MELLOY, District Judge.

DIANA E. MURPHY, Circuit Judge.

In this action the State of Missouri seeks disclosure of a document from the United States Army Corps of Engineers (Corps) under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The district court2 granted summary judgment to the Corps on the ground that the document is exempt from disclosure under 5 U.S.C. § 552(b)(5). Missouri appeals from the...

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