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| 977 (1974)], the court rejected an agency's conclusory affidavit stating that requested FOIA documents were subject to exemption, saying "A Vaughn Index must: (1) identify each document withheld; (2) state the statutory exemption claimed; and (3) explain how disclosure would damage the interests protected by the claimed exemption. The appeals court also explained that the original affidavits provided to the magistrate judge were conclusory assertions that the documents were created in anticipation of litigation but Yum was permitted to supplement the record and provide more concrete and detailed support for its work-product claim. As for the majority view, the court's decision is somewhat conclusory. |
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