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TAYLOR v. BLAKEY

No. 05-5279.

490 F.3d 965 (2007)

Brent TAYLOR, Appellant v. Marion C. BLAKEY, Administrator, Federal Aviation Administration and Fairchild Corporation, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 2007.

Attorney(s) appearing for the Case

Michael John Pangia argued the cause and filed the briefs for appellant.

Adina H. Rosenbaum argued the cause for amicus curiae Public Citizen, Inc. in support of appellant. With her on the brief was Brian Wolfman.

Harry L. Riggs, Jr. and Melissa L. Korfhage were on the brief for amicus curiae Experimental Aircraft Association, Inc. in support of appellant.

Alan Burch, Assistant U.S. Attorney, argued the cause for appellee Marion Blakey. On the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence and Peter D. Blumberg, Assistant U.S. Attorneys. Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.

N. Thomas Connally argued the cause for appellee Fairchild Corporation. With him on the brief was Emily M. Yinger.

Before: GINSBURG, Chief Judge, and GRIFFITH, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Brent Taylor requested certain documents from the Federal Aviation Administration under the Freedom of Information Act. The FAA denied his request and Taylor sued to compel disclosure. The district court dismissed the case, holding res judicata barred Taylor's claim because Greg Herrick, a "close associate" of Taylor's, had been his "virtual representative" in a prior FOIA case Herrick...

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