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LOVING v. DEPARTMENT OF DEFENSE

No. 07-5318.

550 F.3d 32 (2008)

Dwight LOVING, Appellant v. DEPARTMENT OF DEFENSE and Department of the Army, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 2008.

Attorney(s) appearing for the Case

Seth A. Watkins argued the cause for appellant. With him on the briefs was Charles F. Schill.

Michael S. Raab, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Convicted of capital murder by a military court-martial, appellant filed suit under the Freedom of Information Act seeking disclosure of Department of Defense and Army memoranda prepared for the President in connection with his statutory review of appellant's death sentence. The district court found the requested documents exempt from disclosure under FOIA Exemption 5 and granted the government's motion for summary judgment. For the reasons set...

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