Detroit Free Press, Incorpora v. USDOJ


OPINION and JUDGMENT filed : Free Press I is OVERRULED, the grant of summary judgment is REVERSED, and the case is REMANDED. Decision for publication. R. Guy Cole, Jr., Chief Judge (CONCURRING); Ralph B. Guy, Jr., Danny J. Boggs (DISSENTING), Alice M. Batchelder, Karen Nelson Moore,Eric L. Clay, Julia Smith Gibbons,John M. Rogers, Jeffrey S. Sutton, Deborah L. Cook (AUTHORING), David W. McKeague, Richard Allen Griffin, Raymond M. Kethledge, Helene N. White, Jane Branstetter Stranch, and Bernice Bouie Donald, Circuit Judges. *The name of counsel Herschel Fink has been added to the counsel section in the opinion.--[Edited 07/14/2016 by CL]

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Case: 14-1670 Document: 76-3 Filed: 07/14/2016 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 14-1670 DETROIT FREE PRESS, INC., Plaintiff - Appellee, FILED Jul 14, 2016 DEBORAH S. HUNT, Clerk v. UNITED STATES DEPARTMENT OF JUSTICE, Defendant - Appellant. Before: COLE, Chief Judge; GUY, BOGGS, BATCHELDER, MOORE, CLAY, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE, WHITE, STRANCH, and DONALD, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Eastern District of Michigan at Detroit. UPON CONSIDERATION of the petition for rehearing en banc, the supplemental briefs and arguments of counsel, IT IS ORDERED that Free Press I is OVERRULED, the grant of summary judgment is REVERSED, and the case is REMANDED to the district court for further proceedings consistent with the opinion of this court. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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