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BEAVEN v. U.S. DEPT. OF JUSTICE

Nos. 08-5297, 08-5298, 08-5317.

622 F.3d 540 (2010)

Mary Ellen BEAVEN et al., Plaintiffs-Appellees/Cross-Appellants, v. UNITED STATES DEPARTMENT OF JUSTICE et al., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 27, 2010.

Attorney(s) appearing for the Case

ARGUED: Steve Frank , United States Department of Justice, Washington, D.C., for Appellants. Douglas L. McSwain , Sturgill, Turner, Barker & Moloney, PLLC, Lexington, Kentucky, for Appellees. ON BRIEF: Steve Frank , United States Department of Justice, Washington, D.C., for Appellants. Douglas L. McSwain , Andrew DeSimone , Sturgill, Turner, Barker & Moloney, PLLC, Lexington, Kentucky, for Appellees.

MOORE, J., delivered the opinion of the court, in which WHITE, J., joined. KENNEDY, J. (pp. 560-64), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

In this Privacy Act and Federal Tort Claims Act case, the Defendants-Appellants/Cross-Appellees appeal the district court's judgment, after a twenty-three-day bench trial, in favor of the Plaintiffs-Appellees/Cross-Appellants on the Privacy Act claims. The Plaintiffs cross-appeal the district court's judgment in favor of the Defendants on the Federal Tort Claims Act claim, as well as a variety of subsidiary issues...

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