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MO. COALITION FOR ENVIRONMENT FOUNDATION v. U.S. ARMY CORPS OF ENGINEERS

No. 07-2218.

542 F.3d 1204 (2008)

MISSOURI COALITION FOR the ENVIRONMENT FOUNDATION, Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 16, 2008.

Attorney(s) appearing for the Case

Aryeh Kaplan (a supervised law student from Washington University), St. Louis, MO, argued (Edward J. Heisel, Interdisciplinary Environmental Clinic, Washington University, St. Louis, MO, on the brief), for appellant.

Jane Rund, Asst. U.S. Atty., St. Louis, MO, argued, for appellee.

Before COLLOTON and SHEPHERD, Circuit Judges, and ERICKSON, District Judge.

ERICKSON, District Judge.

In this action, the Missouri Coalition for the Environment Foundation (the "Coalition") seeks disclosure of a number of documents from the United States Army Corps of Engineers (the "Corps") pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The district court granted summary judgment in favor of the Corps on the basis that the deliberative process privilege, 5 U.S.C. § 552(b)(5), exempts all 83 documents responsive...

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