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TIGUE v. U.S. DEPT. OF JUSTICE

Docket No. 01-6243.

312 F.3d 70 (2002)

John J. TIGUE, Jr., Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE, Internal Revenue Service, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 15, 2002.

Attorney(s) appearing for the Case

John J. Tigue, Jr., Morvillo, Abramowitz, Grand, Iason & Silberberg, P.C., New York, NY (Daniel B. Kosove, on the brief) for Plaintiffs-Appellants.

Daniel S. Alter, Assistant United States Attorney, (James Comey, United States Attorney for the Southern District of New York, Gideon A. Schor, Assistant United States Attorney, on the brief) for Defendants-Appellees.

Before: CABRANES, SOTOMAYOR, Circuit Judges, and GLEESON, District Judge.

SOTOMAYOR, Circuit Judge.

This appeal was brought by a lawyer and his law firm seeking access under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552(b), to a memorandum ("the Neiman Memorandum" or "Memorandum") prepared by an assistant United States Attorney in the Southern District of New York ("Southern District") and sent to a public commission. The Neiman Memorandum outlines the Southern District's opinions and recommendations as to how the Internal...

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