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VERMONT LOW INCOME ADVOCACY COUNCIL, INC. v. USERY

No. 145, Docket 76-6077.

546 F.2d 509 (1976)

VERMONT LOW INCOME ADVOCACY COUNCIL, INC., Plaintiff-Appellant, v. William J. USERY, Secretary of Labor, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 9, 1976.

Attorney(s) appearing for the Case

Michael H. Lipson, Burlington, Vt. (John A. Dooley, III, and Vermont Legal Aid, Inc., Burlington, Vt., of counsel), for plaintiff-appellant.

Eloise E. Davies, Dept. of Justice, Washington, D. C. (Rex E. Lee, Asst. Atty. Gen., Washington, D. C., George W. F. Cook, U. S. Atty., Rutland, Vt., Leonard Schaitman, Dept. of Justice, Washington, D. C., of counsel), for defendant-appellee.

Before LUMBARD, FRIENDLY and MULLIGAN, Circuit Judges.

FRIENDLY, Circuit Judge:

This appeal arises under the provision of the Freedom of Information Act (FOIA), § 552(a)(4)(E),1 authorizing a court to award reasonable attorney fees and other litigation costs in any case where the complainant has substantially prevailed. Although we do not agree with so much of the decision of the district court as indicates that an order directing production is a necessary condition for an award of attorney...

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