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CUNNINGHAM v. F. B. I.

Nos. 81-1183, 81-1537.

664 F.2d 383 (1981)

Dale S. CUNNINGHAM v. FEDERAL BUREAU OF INVESTIGATION, William H. Webster, Director, Clarence M. Kelley, Past Director, Allen H. McCreight, Chief, FOI/PA Branch, Department of Justice, Griffin B. Bell, Attorney General, Barbara Allen Babcock, Assistant Attorney General, and Richard M. Rogers, Deputy Director Office of Privacy and Information Appeals "DSB," signing assistant to Allen H. McCreight, Chief, FOI/PA Branch Federal Bureau of Investigation; Department of Justice, Michael J. Egan, Associate Attorney General, Quinlan J. Shea, Jr., Director, Office of Privacy and Information Appeals, and Department of Review Committee, Department of Justice, Federal Bureau of Investigation, William H. Webster, Director Clarence M. Kelley, Past Director, Allen H. McCreight, Chief, FOI/PA Branch, James M. Powers, Past Chief, FOI/PA Branch, Department of Justice, Griffin B. Bell, Attorney General, Barbara Allen Babcock, Assistant Attorney General, and Richard M. Rogers, Deputy Director Office of Privacy and Information Appeals, Appellants.

United States Court of Appeals, Third Circuit.

Decided November 24, 1981.

Attorney(s) appearing for the Case

John Cary Sims (argued), Alan B. Morrison, David C. Vladeck, Washington, D. C., for appellee.

Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D.C., William W. Robertson, U. S. Atty., Newark, N. J., Leonard Schaitman, Marc Richman (argued), Appellant Staff, Dept. of Justice, Washington, D. C., for appellants.

Before SEITZ, Chief Judge, ADAMS and GARTH, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

Dale Cunningham, who is not a lawyer, filed and prosecuted on his own behalf a Freedom of Information Act (FOIA) lawsuit against the Federal Bureau of Investigation (FBI). Shortly after the suit was filed, the FBI released to Cunningham 860 pages of requested documents. The district court therefore found that Cunningham had "substantially prevailed" in the case despite an adverse summary judgment as to most of the...

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