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ASSEMBLY OF STATE OF CAL. v. DEPT. OF COMMERCE

No. Civ. S-91-990 WBS/JFM.

797 F.Supp. 1554 (1992)

ASSEMBLY OF the STATE OF CALIFORNIA; Honorable Willie L. Brown, Jr., Speaker of the Assembly of the State of California; Honorable Peter R. Chacon, Chairman, Assembly Committee on Elections, Reapportionment & Constitutional Amendments of the Assembly of the State of California, Plaintiffs, v. UNITED STATES DEPARTMENT OF COMMERCE, Defendant.

United States District Court, E.D. California.

February 10, 1992.

Attorney(s) appearing for the Case

Charles C. Marson, Barbara A. Brenner, Joseph Remcho, Remcho, Johansen & Purcell, San Francisco, Cal., for plaintiffs.

Elizabeth Pugh, John R. Niemeyer, Stuard M. Gerson, U.S. Dept. of Justice, Washington, D.C., Yoshinori H.T. Himel, Joyce Vermeersch, Asst. U.S. Attys., Sacramento, Cal., for defendant.

MEMORANDUM AND ORDER

SHUBB, District Judge.

This is an action brought under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 to enjoin the United States Department of Commerce from withholding certain census data and for declaratory relief. The matter is before the court on cross-motions for summary judgment pursuant to Fed.R.Civ.P. 56. Federal Jurisdiction is predicated on 5 U.S.C. § 552(a)(4)(B). The sole issue for consideration is whether...

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