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CHICAGO v. U.S. DEPT. OF TREASURY, ATF

No. 01-2167.

423 F.3d 777 (2005)

CITY OF CHICAGO, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF THE TREASURY, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 2005.

Attorney(s) appearing for the Case

Lawrence Rosenthal (argued), David A. Graver, Office of the Corporation Counsel Appeals Division, Chicago, IL, for Plaintiff-Appellee.

Steve Frank (argued), Department Of Justice Civil Rights Division, Washington, DC, for Defendant-Appellant.

Larry H. James, Crabbe, Brown & James, Columbus, OH, for Amicus Curiae, Fraternal Order of Police.

Lucy A. Dalglish, Arlington, VA, for Amicus Curiae, Reporters Committee for Freedom of the Press.

David A. Handzo, Jenner & Block, Washington, DC, for Amicus Curiae, DKT Liberty Project.

Eric J. Mogilnicki, Wilmer, Cutler & Pickering, Washington, DC, for Amicus Curiae, Brady Center to Prevent Gun Violence.

Stephen P. Halbrook, Fairfax, VA, for Amicus Curiae, National Rifle Association of America, Inc.

Before BAUER, ROVNER, and WILLIAMS, Circuit Judges.

BAUER, Circuit Judge.

For the third time in four years, we consider whether the Freedom of Information Act ("FOIA") entitles the City of Chicago (the "City") to information from the Bureau of Alcohol, Tobacco, and Firearms ("ATF") databases regarding the sale and tracing of firearms. In our two previous stabs at the issue, we affirmed the district court's ruling that ATF must provide the City access to the databases. Subsequent to the release of our second opinion...

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