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CAZALAS v. UNITED STATES DEPT. OF JUSTICE

No. 80-3565.

660 F.2d 612 (1981)

Mary Williams CAZALAS, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE, Attorney General William French Smith and United States Attorney John Volz, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A.

November 5, 1981.

Attorney(s) appearing for the Case

Sylvia Roberts, Baton Rouge, La., Mary Williams Cazalas, New Orleans, La., for plaintiff-appellant.

Susan A. Ehrlich, Leonard Schaitman, C. Frederick Geilfuss, Dept. of Justice, Civil Div., Washington, D. C., for defendants-appellees.

Before CHARLES CLARK, TATE and SAM D. JOHNSON, Circuit Judges.

TATE, Circuit Judge.

Plaintiff Mary Williams Cazalas appeals from an order denying her attorney fees incurred in bringing an action to compel production of documents under the Freedom of Information Act, 5 U.S.C. § 552. The trial judge, in affirming the magistrate's determination, held that Cazalas did not "substantially prevail" because she failed to meet the four-part test that we established in Chamberlain v. Kurtz, 589 F.2d 827

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