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IN RE CHARLESTON GAZETTE FOIA REQUEST

No. 33812.

671 S.E.2d 776 (2008)

In re CHARLESTON GAZETTE FOIA REQUEST.

Supreme Court of Appeals of West Virginia.

Decided December 9, 2008.

Concurring Opinion of Justice Benjamin January 9, 2009.

Attorney(s) appearing for the Case

Ancil G. Ramey, Esq., Bryan Cokeley, Esq., Hannah B. Curry, Esq., Steptoe & Johnson, PLLC, Charleston, for Appellant.

Rudolph L. DiTrapano, Esq., Sean P. McGinley, Esq., DiTrapano Barrett & DiPiero, PLLC, Charleston, for Appellee.

PER CURIAM.1

The appellant, the City of Charleston (hereinafter "the City"), appeals the dismissal of its declaratory judgment action filed on August 9, 2007, wherein it sought a declaration of its rights and obligations in responding to a request made by the Charleston Gazette newspaper (hereinafter "the Gazette") pursuant to the Freedom of Information Act (hereinafter "FOIA"...

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