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NY TIMES CO v. US DEPT OF HEALTH & HUMAN SERVICES

No. 21-211-cv August Term 2021.

15 F.4th 216 (2021)

The NEW YORK TIMES COMPANY, Dow Jones & Company, Inc., Christopher Weaver, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 30, 2021.

Attorney(s) appearing for the Case

Matthew E. Kelley ( Seth D. Berlin , on the brief), Ballard Spahr LLP, Washington, DC, ( David E. McCraw , Alexandra Settelmayer , The New York Times Company, New York, NY, on the brief) for Plaintiffs-Appellees.

Jennifer C. Simon ( Benjamin H. Torrance , on the brief), Assistant United States Attorneys, for Audrey Strauss , United States Attorney for the Southern District of New York, New York, NY, for Defendant-Appellant.

Before: Cabranes, Pooler, and Bianco, Circuit Judges.

This appeal presents the following question: Is a report evaluating the Indian Health Service's management and administration a "medical quality assurance record" under 25 U.S.C. § 1675 that is exempt from disclosure pursuant to the Freedom of Information Act, 5 U.S.C. § 552(b)(3)? Finding that it is not, we AFFIRM the...

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