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MOYE, O'BRIEN, ETC. v. NATIONAL R.R. PASSENGER

No. 03-14264.

376 F.3d 1270 (2004)

MOYE, O'BRIEN, O'ROURKE, HOGAN, & PICKERT, Plaintiff-Appellee, v. NATIONAL RAILROAD PASSENGER CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 14, 2004.

Attorney(s) appearing for the Case

Jeffrey Clair, Washington, DC, for Defendant-Appellant.

Gregory S. Martin, James E. Moye, Anthony R. Kovalcik, Moye, O'Brien, O'Rourke, Hogan & Pickert, Maitland, FL, for Plaintiff-Appellee.

Before TJOFLAT and HILL, Circuit Judges, and MILLS, District Judge.

RICHARD MILLS, District Judge:

We deal here with the scope of the Freedom of Information Act's Exception 5, commonly known as the "deliberative process privilege."

Specifically, we must determine whether the district court erred in concluding that the Freedom of Information Act requests made to the National Railroad Passenger Corporation by the law firm of Moye, O'Brien, O'Rourke, Hogan, & Pickert were not protected...

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