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KASZA v. WHITMAN

Nos. 00-16378, 00-16379.

325 F.3d 1178 (2003)

Stella KASZA, Plaintiff-Appellant, and Klas; DR Partners dba Las Vegas Review-Journal, Intervenors, v. Christine Todd WHITMAN, Administrator, United States Environmental Protection Agency, Defendant-Appellee. Helen Frost, Plaintiff-Appellant, and Klas; DR Partners dba Las Vegas Review-Journal, Intervenors, v. Donald H. Rumsfeld, Secretary of Defense, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 14, 2003.

Attorney(s) appearing for the Case

Jonathan Turley, Environmental Advocacy Law Center, George Washington University, Washington, D.C., for the plaintiffs-appellants.

Ronald Spritzer, Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellees.

Roger R. Myers and Monica C. Hayde, Steinhart & Falconer LLP, San Francisco, CA, for intervenor and amicus curiae DR Partners dba Las Vegas Review-Journal.

Opinion by Circuit Judge RYMER; Concurring opinion by Circuit Judge HARLINGTON WOOD, Jr.

OPINION

RYMER, Circuit Judge.

These appeals are from the district court's refusal on remand to award attorney's fees in Frost v. Rumsfeld, and from its order in both Frost and Kasza v. Whitman approving redaction of a previously sealed transcript before unsealing it.1 The facts and our conclusion with respect to applicability of the state secrets privilege are set...

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