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IN RE U.S. DEPT. OF HOMELAND SEC.

No. 06-20330.

459 F.3d 565 (2006)

In re: UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Petitioner.

United States Court of Appeals, Fifth Circuit.

August 2, 2006.

Attorney(s) appearing for the Case

Alisa Beth Klein, U.S. Dept. of Justice, Civ. Div.-Appellate Staff, Mark Bernard Stern, U.S. Dept. of Justice, Civ. Div., Washington, DC, for Petitioner.

Joseph Samuel Grinstein, Susman Godfrey, Alan Neil Magenheim, Magenheim & Associates, Houston, TX, for Safety Nat. Cas. Corp. and AAA Bonding Agency, Inc.

Adam Waskowski, Nick J. DiGiovanni, Steven T. Whitmer, Lord, Bissell & Brook, Chicago, IL, for Safety Nat. Cas. Corp.

Gerald Walter Guerinot, Houston, TX, for AAA Bonding Agency, Inc.

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

The United States Department of Homeland Security ("Petitioner") petitions this Court to issue a writ of mandamus to correct a discovery order by the United States District Court for the Southern District of Texas, Houston Division. Petitioner claims the district court erred by compelling disclosure of documents protected by the law enforcement privilege. We conclude that the district court erred in declaring that no law enforcement privilege...

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