FENSTER v. BROWN

No. 78-2169.

617 F.2d 740 (1979)

Herbert L. FENSTER, Appellant, v. Harold BROWN, Secretary of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided December 18, 1979.


Attorney(s) appearing for the Case

Robert L. Ackerly, Washington, D.C., with whom Mitchell H. Segal, Washington, D.C., was on the brief, for appellant. Lane L. McVey, Washington, D.C., also entered an appearance for appellant.

Barbara L. Herwig, Atty., Dept. of Justice, Washington, D.C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Earl J. Silbert, U.S. Atty., Washington, D.C., at the time the brief was filed, and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellees. Linda M. Cole, Atty., Dept. of Justice, Washington, D.C., also entered an appearance for appellees.

Before J. EDWARD LUMBARD, Senior Circuit Judge for the Second Circuit, and TAMM and MIKVA, Circuit Judges.


Opinion for the court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

Appellant, after "substantially prevailing" in litigation seeking the release of federal documents, sought an award of attorneys' fees under section 552(a)(4)(E) of the Freedom of Information Act (FOIA).1 United States District Judge George L. Hart, Jr., denied the request, prompting this appeal. Believing that Judge Hart properly exercised his discretion...

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