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NEELY v. F.B.I.

No. 99-1128.

208 F.3d 461 (2000)

R. Keith NEELY, Plaintiff-Appellee, v. FEDERAL BUREAU OF INVESTIGATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 30, 2000

Attorney(s) appearing for the Case

ARGUED: August Edward Flentje, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant. Marvin David Miller, Alexandria, Virginia, for Appellee. ON BRIEF: David W. Ogden, Acting Assistant Attorney General, Robert P. Crouch, Jr., United States Attorney, Leonard Schaitman, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant. Max Jenkins, Jenkins & Jenkins, Radford, Virginia, for Appellee.

Before WILKINSON, Chief Judge, and LUTTIG and MOTZ, Circuit Judges.

Vacated and remanded by published opinion. Judge LUTTIG wrote the opinion, in which Chief Judge WILKINSON and Judge MOTZ joined.

OPINION

LUTTIG, Circuit Judge:

The district court ordered the public release of appellee R. Keith Neely's unredacted FBI file, rejecting the FBI's attempted withholding of portions of Neely's file under Exemptions 7(C) and 7(D) of the Freedom of Information Act, 5 U.S.C. § 552, and the FBI appeals. Because we conclude...

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