First Amendment Coalition v. USDOJ
| FIRST AMENDMENT COALITION |
| UNITED STATES DEPARTMENT OF JUSTICE |
| REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS |
| 15-15117 |
| January 22, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Freedom of Information Act of 1974 |
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Filing
9029561962
Filed order and amended opinion (MARSHA S. BERZON, MARY H. MURGUIA and FREDERIC BLOCK).The opinion filed on August 25, 2017, and published at 869 F.3d 868, is amended as follows: On page 49 of the slip opinion, within On page 49 of the slip opinion, within Judge Murguia s opinion concurring in part and concurring in the judgment, add a footnote after the sentence First Amendment Coalition failed to prevail primarily because of unilateral Government actions, outside its control. The footnote new footnote four reads: In her opinion, Judge Berzon suggests that my reasoning implies bad faith on the part of the government in this case. I am not aware of the circumstances surrounding the DOJ s action, but the fact that the district court was not made aware of the White paper s disclosure was critical for First Amendment Coalition s inability to prevail on the merits and establish eligibility for attorney fees. With this amendment, Defendant-Appellee s motion to amend the opinion and stay the mandate [10592974-2] is DENIED as moot. [10670789]
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