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CASAD v. U.S. DEPT. OF HLTH. & HUMAN SERVS.

No. 01-3368.

301 F.3d 1247 (2002)

Robert CASAD, Jr., Ph.D, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 29, 2002.

Attorney(s) appearing for the Case

Robert C. Casad, Jr., Ph.D., Pro Se.

Robert D. McCallum, Jr., Assistant Attorney General; James E. Flory, United States Attorney; Leonard Schaitman and Freddi Lipstein, Attorneys, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.; Patricia Mantoan, Of Counsel, Office of General Counsel, Department of Health and Human Services, for Defendant-Appellee.

Before SEYMOUR, PORFILIO, and O'BRIEN, Circuit Judges.

SEYMOUR, Circuit Judge.

Robert Casad, Jr. filed suit against the United States Department of Health and Human Services challenging the denial of his request under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, for the complete "summary statement" associated with a grant application funded by the National Institutes of Health (NIH).1 After determining that NIH properly withheld the requested information under FOIA's deliberative...

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