In a Freedom of Information Act action seeking documents pertaining to a government investigation of a plane crash, the District Court’s order requiring the production of some of the documents sought is affirmed in part, where certain documents were not protected by the deliberative process privilege; but reversed in part, where the eyewitness testimony sought would infringe protected privacy interests.

Read Lahr v. National Transp. Safety Bd., No. 06-56717

Appellate Information

Argued August 8, 2008

Decided June 22, 2009

Judges

Before: Roger J. Miner, Kim McLane Wardlaw and Marsha S. Berzon, Circuit Judges.

Opinion by Judge Berzon

Counsel

For Plaintiff: 

John H. Clarke, Washington, D.C.

For Defendants:

Steve Frank, United States Department of Justice, Washington, D.C.

Leonard Schaitman, United States Department of Justice, Washington, D.C.

George S. Cardona, United States Department of Justice, Washington, D.C.

Peter D. Keisler, United States Department of Justice, Washington, D.C.

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