Binyam MOHAMED; Abou Elkassim Britel; Ahmed Agiza; Mohamed Farag Ahmad Bashmilah; Bisher Al-Rawi, Plaintiffs-Appellants,
v.
JEPPESEN DATAPLAN, INC., Defendant-Appellee,
United States of America, Intervenor-Appellee.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 9, 2009.
Filed April 28, 2009.
Amended August 31, 2009.
Attorney(s) appearing for the Case
Ben Wizner, American Civil Liberties Union Foundation, New York, NY, for Plaintiffs-Appellants.
Daniel P. Collins, Munger, Tolles & Olson, Los Angeles, CA, for Defendant-Appellee.
Douglas N. Letter and Michael P. Abate, Civil Division, United States Department of Justice, Washington, D.C., for Intervenor-Appellee.
Andrew G. McBride, Wiley Rein, LLP, Washington, D.C., for Amicus The Foundation for the Defense of Democracies in Support of Appellees Supporting Affirmance.
Richard A. Samp, Washington Legal Foundation, Washington, D.C., for Amici Washington Legal Foundation and Allied Educational Foundation.
William J. Aceves, California Western School of Law, San Diego, CA, for Amici Redress and The International Commission of Jurists.
Natalie L. Bridgeman, Law Offices of Natalie L. Bridgeman, San Francisco, CA, for Amici Professors of Constitutional Law, Federal Jurisdiction, and Foreign Relations Law.
Jean-Paul Jassy, Bostwick & Jassy, Los Angeles, CA, for Amici Professors William G. Weaver and Robert M. Pallitto.
James M. Ringer, Clifford Change US, New York, NY, for Amici Commonwealth Lawyers Association and Justice.
David J. Stankiewicz, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, New York, NY, for Amicus Former United States Diplomats.
Before MARY M. SCHROEDER, WILLIAM C. CANBY, JR. and MICHAEL DALY HAWKINS, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
ORDER
The Opinion filed April 28, 2009, slip op. 4919, is hereby amended as follows:
On page 4944, lines 2-6:
<It follows that, while classification may be a strong indication of secrecy as a practical matter, courts must undertake an independent evaluation of any evidence sought to be excluded to determine whether its contents are secret within the meaning of the privilege.> is replaced with...
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