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LEE v. MINNER

No. 05-3329.

458 F.3d 194 (2006)

Matthew LEE v. Ruth Ann MINNER, in her official capacity as Governor of the State of Delaware; M. Jane Brady, in her official capacity as Attorney General of the State of Delaware, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed August 16, 2006.

Attorney(s) appearing for the Case

W. Michael Tupman, (Argued), Delaware Department of Justice Dover, DE, for Appellant.

David C. Vladeck, (Argued), Georgetown University Law Center, Washington, DC, for Appellee.

Lucy A. Dalglish The Reporters Committee for Freedom of the Press Arlington, VA,1 for Amicus Curiae-Appellee.

Before BARRY and SMITH, Circuit Judges, and DITTER, District Judge.

OPINION OF THE COURT

SMITH, Circuit Judge.

The question presented in this appeal is whether Delaware's Freedom of Information Act ("FOIA"), 29 Del.Code Ann. § 10003, violates the Privileges and Immunities Clause of the United States Constitution by restricting noncitizens' rights to access, inspect, and copy public documents. We conclude that it does. Accordingly, we will affirm the District Court's orders granting summary judgment in favor of...

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