EDUCATION/INSTRUCCION, INC. v. U. S. DEPT. OF HOUSING, ETC.

No. 80-1573.

649 F.2d 4 (1981)

EDUCATION/INSTRUCCION, INC., Plaintiff, Appellant, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 12, 1981.


Attorney(s) appearing for the Case

Charles R. Capace, Boston, Mass., for appellant.

Paul E. Troy, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., and Anna M. Scricca, Atty. Adviser, Dept. of Housing and Urban Development, Boston, Mass., were on brief, for appellee.

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.


LEVIN H. CAMPBELL, Circuit Judge.

Education/Instruccion, Inc. (E/I) sued the Department of Housing and Urban Development (HUD) with some eventual success under the Freedom of Information Act. It then requested the district court to award it attorney fees and costs of $9,160.62. See 5 U.S.C. § 552(a)(4)(E). The court, D.C., 87 F.R.D. 112, allowed fees of only $2,500, and E/I now appeals from the award.

I.

The underlying FOIA case is set...

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