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TPS, INC. v. U.S. DEPT. OF DEFENSE

No. 00-15144.

330 F.3d 1191 (2003)

TPS, INC., Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF DEFENSE; Defense Logistics Agency, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2003.

Attorney(s) appearing for the Case

Daniel E. Kensinger, Riverside, CA, for the plaintiff-appellant.

Kevin V. Ryan, United States Attorney, and Abraham A. Simmons, Assistant United States Attorney, San Francisco, CA, for the defendants-appellees.

Before NOONAN, McKEOWN, and RAWLINSON, Circuit Judges.

McKEOWN, Circuit Judge.

Under the Freedom of Information Act ("FOIA"), a federal government agency must provide documents in "any form or format requested" that is "readily reproducible by the agency." 5 U.S.C. § 552(a)(3)(B). Regulations governing production of electronic data under FOIA dictate "a standard of reasonableness" and "business as usual" as guiding principles. 32 C.F.R. § 286.4(g)(2). The focus of this controversy is interpretation of "business...

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