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AL-FAYED v. C.I.A.

No. 00-5457

254 F.3d 300 (2001)

Mohamed Al-Fayed and Punch Limited, Appellants v. Central Intelligence Agency, et al., Appellees

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 2001

Attorney(s) appearing for the Case

Mark S. Zaid argued the cause and filed the briefs for appellants.

Gregg P. Leslie, Lucy A. Dalglish, David L. Sobel, Arthur B. Spitzer and Kate Martin were on the brief for amici curiae Reporters Committee for Freedom of the Press, et al., in support of appellants.

Thomas M. Bondy, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Wilma A. Lewis, U.S. Attorney at the time the brief was filed, and Mark B. Stern, Attorney, U.S. Department of Justice.

Before: HENDERSON, TATEL, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

This case raises an issue of first impression: the standard of judicial review applicable to agency denials of expedited processing under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. We conclude that district courts must review such denials de novo, rather than defer to agency determinations. We further conclude that the denials of expedition in this case survive de...

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