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CARTER v. U.S. DEPT. OF COMMERCE

No. 02-35161.

307 F.3d 1084 (2002)

Margaret CARTER and Susan Castillo, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF COMMERCE, Washington, D.C. 20230, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 2002.

Attorney(s) appearing for the Case

Gregory G. Katsas, Deputy Assistant Attorney General, Washington, DC, for the defendant-appellant.

David O. Stewart, Thomas M. Susman, Ropes & Gray, Washington, DC, for the plaintiffs-appellees.

Before GOODWIN, T.G. NELSON, and GRABER, Circuit Judges.

OPINION

GOODWIN, Circuit Judge.

The Department of Commerce ("DOC") appeals the district court's grant of summary judgment ordering it to disclose statistically adjusted data generated as part of Census 2000 in response to plaintiffs' Freedom of Information Act ("FOIA") request. DOC challenges the district court's finding that the adjusted data are neither predecisional nor deliberative as required to permit nondisclosure under the "deliberative process"...

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