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JUDICIAL WATCH, INC. v. DEPARTMENT OF ENERGY

Nos. 04-5204, 04-5205, 04-5206.

412 F.3d 125 (2005)

JUDICIAL WATCH, INC., Appellee v. DEPARTMENT OF ENERGY, et al., Appellants

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 2005.

Attorney(s) appearing for the Case

Mark B. Stern, Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Gregory G. Katsas, Deputy Assistant Attorney General, and Michael S. Raab, Douglas Hallward-Driemeier, and Lewis S. Yelin, Attorneys.

Sharon Buccino and James F. Peterson argued the cause for appellees. With them on the brief were Jon Devine, Howard M. Crystal, Eric R. Glitzenstein, and Paul J. Orfanedes.

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

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

Eight federal agencies appeal from an order of the district court requiring them to search their records for, and to give the plaintiffs, certain documents related to the National Energy Policy Development Group (NEPDG). The district court rejected the agencies' claim that the documents come within Exemption 5 of the Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(5), because...

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