United States Second Circuit

Partial summary judgment in favor of defendant, and denial by district court of plaintiff's FOIA request, is affirmed to the extent the names of a bank's subprime-lending clients listed in an exhibit to a merger application qualified as confidential commercial information which is not subject to disclosure under Exemption 4 to FOIA, however, the case is remanded to the extent plainitff did not fulfill its burden of production showing that the withheld information is likely in the public domain sufficiently to place a limited search burden upon the Board.

Appellate Information

• Argued 06/22/2006
• Decided 09/11/2006
• Published 09/12/2006

Judges

• RESTANI, Judge., Before:  MINER and CALABRESI, Circuit Judges, and RESTANI, Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jillian M. Cutler (David C. Vladeck, on the brief), Georgetown University Law Center, Washington, D.C., for Plaintiff-Appellant-Cross-Appellee., Yvonne F. Mizusawa (Richard M. Ashton & Katherine H. Wheatley, on the brief), Board of Governors of the Federal Reserve System, Washington, D.C., for Defendants-Appellee-Cross-Appellant.