BAEZ v. UNITED STATES DEPT. OF JUSTICE

No. 79-1881.

684 F.2d 999 (1982)

Joan BAEZ, Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 30, 1982.


Attorney(s) appearing for the Case

Martin S. Echter, Washington, D. C., with whom Ira M. Lowe, Washington, D. C., was on the brief, for appellant.

Douglas N. Letter, Atty., Dept. of Justice, Washington, D. C., with whom Thomas S. Martin, Acting Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty. at the time the brief was filed, and Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellees. Freddi Lipstein, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for appellees.

John H. Harwood, II, and Arthur B. Spitzer, Washington, D. C., were on the brief for amicus curiae American Civil Liberties Union Fund of the Nat. Capital Area.

Before ROBINSON, Chief Judge, and WRIGHT, TAMM, MacKINNON, ROBB, WILKEY, WALD, MIKVA, EDWARDS and GINSBURG, Circuit Judges.


Argued En Banc December 11, 1981.

Opinion PER CURIAM.

Dissenting opinion filed by Circuit Judge TAMM, in which Circuit Judge J. SKELLY WRIGHT joins.

Dissenting opinion filed by Circuit Judge HARRY T. EDWARDS.

PER CURIAM:

The issue before us is whether the Government, the prevailing party on an appeal from a FOIA action in district court, should be denied an award of $365.00, its costs on appeal. Because this case offers no circumstance...

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