Milner

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GLEN SCOTT MILNER, 

Plaintiff-Appellant, No. 07-36056 v.  D.C. No.

CV-06-01301-JCC

UNITED STATES DEPARTMENT OF THE

NAVY, OPINION

Defendant-Appellee.  Appeal from the United States District Court for the Western District of Washington John C. Coughenour, District Judge, Presiding

Argued and Submitted March 12, 2009—Seattle, Washington

Filed August 5, 2009

Before: William A. Fletcher, Ronald M. Gould and Richard C. Tallman, Circuit Judges.

Opinion by Judge Tallman; Dissent by Judge W. Fletcher

10347 10350 MILNER v. DEPARTMENT OF THE NAVY

COUNSEL

David S. Mann and Keith P. Scully, Seattle, Washington, for the appellant.

Peter A. Winn, Assistant United States Attorney, Seattle, Washington, for the appellee.

OPINION

TALLMAN, Circuit Judge:

This appeal highlights the tension between the public’s right of access to government files under the Freedom of MILNER v. DEPARTMENT OF THE NAVY 10351 Information Act and the countervailing need to preserve sen- sitive information for efficient and effective government…