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Barbara Schwarz v. National Security Agency et al., 1998, is a case where Barbara Schwarz filed numerous Freedom of Information Act (FOIA) requests with various federal agencies seeking information about herself and her alleged husband, Mark Rathbun. The agencies denied having any records responsive to her requests, leading to the lawsuit. The U.S District Court for Utah dismissed the suit on summary judgment grounds because there was no genuine issue as to any material fact that would warrant a trial. On appeal, the Tenth Circuit affirmed this decision stating that an agency's failure to locate documents does not mean it has violated FOIA if it made a good faith effort in its search process and provided reasonable explanations why requested records could not be found.
The dissenting opinion for the case Barbara Schwarz v. National Security Agency et al., 1998 is not available in public records. This could be due to the fact that this was a decision made by a district court and did not reach the Supreme Court level, thus no justices would have written opinions on it. The case involved plaintiff Barbara Schwarz requesting information from various government agencies under the Freedom of Information Act (FOIA). When her requests were denied, she sued but lost because she failed to exhaust administrative remedies before filing suit as required by FOIA procedures.