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NEW YORK TIMES CO. v. U.S. DEPT. OF JUSTICE

Docket Nos. 13-422(L), 13-445(Con).

756 F.3d 97 (2014)

The NEW YORK TIMES COMPANY, Charlie Savage, Scott Shane, American Civil Liberties Union, American Civil Liberties Union Foundation, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE, United States Department Of Defense, Central Intelligence Agency, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 23, 2014.

Attorney(s) appearing for the Case

Sharon Swingle , Atty., Appellate Staff, Civil Division, U.S. Dept. of Justice, Washington, D.C.; Preet Bharara , U.S. Atty., Sarah S. Normand , Asst. U.S. Atty., New York, N.Y., Stuart F. Delery , Asst. U.S. Atty. General, Beth S. Brinkman , Deputy Asst. U.S. Atty. General, Douglas N. Letter , and Matthew M. Collette , Attys., Appellate Staff, Civil Division, U.S. Dept. of Justice, Washington, D.C., on the petition, for Defendants-Appellees.

No opposition papers requested at this time.

Before: NEWMAN, CABRANES, and POOLER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

The Government has filed a petition for rehearing1 with respect to our decision in The New York Times v. United States Department of Justice, 752 F.3d 123 (2d Cir.2014), which primarily concerned a request under the Freedom of Information Act ("FOIA") for disclosure of a memorandum prepared by the Office of Legal Counsel for the Department of Defense ("OLC-DOD Memorandum...

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