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171346P.pdf   05/08/2018  Argus Leader Media  v.  Food Marketing Institute
   U.S. Court of Appeals Case No:  17-1346
   U.S. District Court for the District of South Dakota - Sioux Falls   
[PUBLISHED] [Kelly, Author, with Gruender and Beam, Circuit Judges] Civil case - FOIA. For the court's prior opinion in the matter, see Argus Leader Media v. U.S. Dep't of Agric., 740 F.3d 1172 (8th Cir. 2014), which held that Exemption 3 did not apply to the contested data concerning SNAP redemption information; on remand, the issue was whether Exemption 4 covering trade secrets and commercial or financial information obtained from a person and privileged and confidential applied to prevent release of the data; the court's finding that Exemption 4 did not apply because the USDA's claim that release of the information would cause competitive injury among the covered grocery retailers was speculative is affirmed; the record established the retailers already had access to large quantities of data about their competitors and existing models which explained consumer behavior.