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BRENNAN CENTER FOR JUSTICE v. DEPT. OF JUSTICE

Docket No. 11-4599.

697 F.3d 184 (2012)

BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW, Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF JUSTICE, United States Agency for International Development, United States Department of Health and Human Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 19, 2012.

Attorney(s) appearing for the Case

Dorothy Heyl (Elizabeth M. Virga, on the brief) Milbank, Tweed, Hadley & McCloy LLP, New York, NY, for Plaintiff-Appellee.

Sharon Swingle (Benjamin H. Torrance, Sarah S. Normand, Beth S. Brinkmann, Michael S. Raab, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellants.

Melanie Sloan, Anne L. Weismann, Adam J. Rappaport, Citizens for Responsibility and Ethics in Washington, Washington, DC; David L. Sobel, Electronic Frontier Foundation, Washington, DC; Mark Rumold, Electronic Frontier Foundation, San Francisco, CA, amici curiae.

Before: CALABRESI, SACK, and HALL, Circuit Judges.

SACK, Circuit Judge:

The defendants, the United States Department of Justice ("DOJ"), the United States Department of Health and Human Services ("HHS"), and the United States Agency for International Development ("USAID"), appeal from a judgment of the United States District Court for the Southern District of New York (Victor Marrero, Judge) granting a motion for summary judgment by the plaintiff, the Brennan Center for Justice at New York University School...

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