Detroit Free Press, Incorpora v. USDOJ

Filing

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]

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