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Eleventh Circuit· 4/23/1982

Chilivis v. Securities & Exchange Commission

Citations

  • 673 F.2d 1205
  • 33 Fed. R. Serv. 2d 1774
  • 1982 U.S. App. LEXIS 19862

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that once the agency provided access to the requested documents, the FOIA plaintiff had no legally cognizable interest in challenging an order exempting the documents from review
  • concluding that requestor had not substantially prevailed where “[t]he records actually ordered disclosed by the district court amounted to an insignificant portion of the documents sought in the FOIA request”
  • “Neither a motion to dismiss nor a motion for summary judgment constitutes responsive pleadings for purposes of the federal rules.”
  • \[R]ecords and documents held by federal agencies are presumed subject to disclosure unless the agency can establish that the material falls into one of the FOIA's nine exemptions.\
  • “[R]ecords and documents held by federal agencies are presumed subject to disclosure unless the agency can establish that the material falls into one of the FOIA’s nine exemptions.”
  • agency does not automatically waive exemption by releasing documents to other agencies

Source: CourtListener parenthetical corpus (CC0).

Judges: Henderson, Johnson, Morgan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.