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ITURRALDE v. COMPTROLLER OF CURRENCY

No. 01-5367.

315 F.3d 311 (2003)

Guillermo Felipe Dueñas ITURRALDE, Appellant, v. COMPTROLLER OF THE CURRENCY, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 17, 2003.

Attorney(s) appearing for the Case

Jonathan Cohen argued the cause for appellant. With him on the briefs were Alexander E. Eagleton and Herbert E. Milstein.

Peter D. Blumberg, Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney. Heather J. Kelly, Assistant U.S. Attorney, entered an appearance.

Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Guillermo Felipe Dueñas Iturralde appeals the grant of summary judgment to the State Department on Dueñas's claim that it failed to conduct an adequate search for documents that he requested under the Freedom of Information Act, 5 U.S.C. § 552 ("FOIA"). Because Dueñas did not preserve a challenge to the sufficiency of the Department's affidavit and, in attacking...

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