No. 17-1346.

889 F.3d 914 (2018)

Argus LEADER Media, doing business as Argus Leader, Plaintiff-Appellee v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant. Food Marketing Institute, Intervenor Defendant-Appellant. National Grocers Association, Amicus on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: May 8, 2018.

Attorney(s) appearing for the Case

Jon E. Arneson , Sioux Falls, SD, for Plaintiff-Appellee.

Stephanie F. Cagniart , Thomas R. Phillips , Gavin R. Villareal , BAKER & BOTTS, Austin, TX, Daniel Robert Fritz, Jr. , BALLARD & SPAHR, Minneapolis, MN, for Intervenor Defendant-Appellant.

Stewart Douglas Fried , J. Mason Weeda , OLSSON & FRANK, Washington, DC, for Amicus on Behalf of Appellant(s) National Grocers Association.

Before GRUENDER, BEAM, and KELLY, Circuit Judges.

This case returns to us after a bench trial. Intervenor Food Marketing Institute (FMI) argues the district court1 erred in finding that Exemption 4 to the Freedom of Information Act (FOIA) is inapplicable to data held by the U.S. Department of Agriculture (USDA).

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