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CENTER FOR ARMS CONTROL AND NON-PROLIFERATION v. PRAY

No. 07-5023.

531 F.3d 836 (2008)

CENTER FOR ARMS CONTROL AND NON-PROLIFERATION, Appellant v. John I. PRAY, Jr., Deputy Executive Secretary of the National Security Council, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 2008.

Attorney(s) appearing for the Case

Jules Zacher argued the cause and filed the briefs for appellant.

Alisa B. Klein, Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, Jonathan F. Cohn, Deputy Assistant Attorney General, and Mark B. Stern, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Center for Arms Control and Non-Proliferation claims the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction violated the Federal Advisory Committee Act (FACA), Pub.L. No. 92-463, 86 Stat. 770 (1972) (codified at 5 U.S.C. app.), by refusing to make certain records publicly available. The district court dismissed the case on the ground that the...

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