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ROSENFELD v. U.S.

No. 87-2975.

859 F.2d 717 (1988)

Seth ROSENFELD, Plaintiff-Appellee, v. UNITED STATES of America; The Federal Bureau of Investigation, Defendants-Appellants. UNITED STATES DEPARTMENT OF JUSTICE, and Federal Bureau of Investigation, Petitioners, v. UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF CALIFORNIA, Respondent. Seth Rosenfeld, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Decided October 12, 1988.

As Amended on Denial of Rehearing and Rehearing December 22, 1988.

Attorney(s) appearing for the Case

Gregory C. Sisk, Dept. of Justice, Washington, D.C., for defendants-appellants/petitioners.

Thomas Steel, San Francisco, Cal., for plaintiff-appellee/real party in interest.

Before SCHROEDER, FLETCHER and BOOCHEVER, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc December 22, 1988.

FLETCHER, Circuit Judge:

The United States appeals a district court award of interim attorney's fees to Rosenfeld, plaintiff-appellee, in Freedom of Information Act (FOIA) litigation. We dismiss the appeal and deny the Government's petition for a writ of mandamus.

BACKGROUND AND PROCEEDINGS BELOW

Seth Rosenfeld, a journalist, seeks disclosure under the Freedom of Information...

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