United States Fourth Circuit

In action alleging defendant violated the Freedom of Information Act by failing to produce documents related to a dispute between companies involved in army housing projects, summary judgment for defendant is affirmed, where: 1) documents prepared and submitted to defendant by counsel for the company suing plaintiff in the separate action were commercial in nature, obtained by a person outside the government and confidential, and therefore fell under Exemption 4 of the FOIA; and 2) correspondence between the company suing plaintiff in the separate action and defendant were privileged and qualify as intra-agency memos under the common interest doctrine, and thus fell within Exemption 5 of the FOIA.

Appellate Information

• Decided 01/09/2013
• Published 01/09/2013

Judges

• TRAXLER

Court

• United States Fourth Circuit

Counsel