PERIOPERATIVE SERV. v. U.S. DEP'T OF VETERANS

No. 21-5223.

57 F.4th 1061 (2023)

PERIOPERATIVE SERVICES AND LOGISTICS, LLC, Appellant v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 17, 2023.


Attorney(s) appearing for the Case

Edward J. Tolchin argued the cause and filed the briefs for appellant.

Douglas C. Dreier , Assistant U.S. Attorney, argued the cause for appellee. On the brief were R. Craig Lawrence , Jane M. Lyons , and Michael A. Tilghman II , Assistant U.S. Attorneys.

Before: Katsas and Pan, Circuit Judges, and Tatel, Senior Circuit Judge.


This Freedom of Information Act case presents a recurring problem: what is a district court to do when the government claims that a withheld record is exempt from disclosure but the basis for that exemption cannot be gleaned from public affidavits or the withheld record itself? Our court has held that in such circumstances...

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