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ASSOCIATED PRESS v. U.S. DEPT. OF JUSTICE

Docket No. 07-1384-cv.

549 F.3d 62 (2008)

ASSOCIATED PRESS, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE and its component, Office of the Pardon Attorney, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 1, 2008.

Attorney(s) appearing for the Case

David A. Schulz (Adam J. Rappaport, on the brief), Levine Sullivan Koch & Schulz L.L.P., New York, N.Y. (David H. Tomlin, Associated Press, New York, NY, of counsel), for Plaintiff-Appellant.

Ross E. Morrison, Assistant United States Attorney (Sarah S. Normand, Assistant United States Attorney, of counsel), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Defendant-Appellee.

Before: WESLEY and HALL, Circuit Judges, and OBERDORFER, District Judge.

PER CURIAM:

Appellant, Associated Press ("AP"), appeals from an order of the United States District Court for the Southern District of New York (Preska, J.), dismissing its Freedom of Information Act ("FOIA"), 5 U.S.C. § 552(a)(4)(B), complaint which alleged that the Department of Justice ("DOJ") improperly withheld the commutation petition filed by John Walker Lindh, and granting the DOJ's motion for summary judgment. We find that Lindh's petition for commutation...

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