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CITY OF VIRGINIA BEACH v. U.S. DEPT. OF COMMERCE

Civ. A. No. 91-218-N.

805 F.Supp. 1323 (1992)

The CITY OF VIRGINIA BEACH and Thomas M. Leahy, III, Plaintiffs, v. The UNITED STATES DEPARTMENT OF COMMERCE, Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

November 6, 1992.

Attorney(s) appearing for the Case

Michael Scott Hart, George A. Somerville, Susan Warriner Custer, John Franklin Kay, Jr., Alan Dale Albert, Eric W. Schwartz, Mays & Valentine, Richmond, Va., Leslie Louis Lilley, William Matthew MacAli, Office of City Atty., Municipal Center, Virginia Beach, Va., for Virginia Beach and Thomas M. Leahy, III.

Michael Anson Rhine, U.S. Attys. Office, World Trade Center, Norfolk, Va., Elizabeth A. Pugh, Victoria J. Rosenthal, Dept. of Justice, Civ. Div., Judith Means, Office of Gen. Counsel, U.S. Dept. of Commerce, Washington, D.C., Jane Hannuksela, Office of Gen. Counsel, National Oceanic and Atmospheric Admin., Silver Springs, Md., for U.S. Dept. of Commerce.

MEMORANDUM OPINION

PAYNE, District Judge.

The City of Virginia Beach and Thomas M. Leahy, III, (collectively "the City") have filed an action under the Freedom of Information Act ("FOIA" or the "Act") to compel the production of certain documents in the possession of the National Marine Fisheries Service ("NMFS"), a branch of the United States Department of Commerce (the "Department of Commerce"). The action is properly before the court pursuant to 28 U...

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