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CUNEO v. RUMSFELD

No. 75-2219.

553 F.2d 1360 (1977)

Gilbert A. CUNEO et al., Appellant, v. Donald H. RUMSFELD et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 1977.

Rehearing Denied May 11, 1977.

Attorney(s) appearing for the Case

Robert L. Ackerly, Washington, D.C., for appellant.

Edwin E. Huddleson, III, Atty., Dept. of Justice, Washington, D.C., with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U.S. Atty. and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellee.

Before TAMM, MacKINNON and WILKEY, Circuit Judges.

Opinion for the Court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

This appeal arises from the district court's denial of the request of the appellant, Gilbert A. Cuneo, for attorney fees under section 552(a)(4)(E) of the Freedom of Information Act1 (FOIA). The principal issues for review are whether Cuneo, a member of the law firm which brought the action, may recover attorney fees under section 552(a)(4)(E) and whether...

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