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NEW YORK TIMES CO. v. U.S. DEPT. OF LABOR

No. 03 Civ.8334(SAS).

340 F.Supp.2d 394 (2004)

The NEW YORK TIMES COMPANY, Plaintiff, v. UNITED STATES DEPARTMENT OF LABOR, Defendant.

United States District Court, S.D. New York.

July 29, 2004.

Attorney(s) appearing for the Case

David E. McCraw, The New York Times Company, Legal Department, New York City, for Plaintiff.

David J. Kennedy, Assistant United States Attorney, United States Attorney's Office, Southern District of New York, New York City, for Defendant.

OPINION AND ORDER

SCHEINDLIN, District Judge.

The New York Times Company (the "Times") filed this action pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 et seq., seeking to compel the Department of Labor's Occupational Safety and health Administration ("OSHA") to disclose Lost Work Day Illness and Injury ("LWDII") rates for 13,000 work sites. The Department of Labor ("DOL") now moves to dismiss the complaint for lack...

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