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MILLER v. MEHLTRETTER

No. 05-CV-6617L.

478 F.Supp.2d 415 (2007)

In the Matter of the Application of Joseph MILLER, Jr., Plaintiff, v. Kathleen M. MEHLTRETTER, in her official capacity as Acting United States Attorney for the Western District of New York, Defendant.

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

March 19, 2007.

Attorney(s) appearing for the Case

Diane V. Bruns, Raymond M. Schlather, Lopinto, Schlather, Solomon & Salk, Ithaca, NY, for Plaintiff.

Brian M. McCarthy, U.S. Attorney's Office, Rochester, NY, for Defendant.

DECISION AND ORDER

LARIMER, District Judge.

The issue in this case is whether a Department of Justice ("DOJ") official was arbitrary and capricious in directing an FBI agent to decline to testify or produce documents in a New York State court proceeding. This action was commenced under the Administrative Procedure Act, 5 U.S.C. §§ 701-706. Plaintiff seeks a finding from this Court that the DOJ official, Acting United States Attorney Kathleen...

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