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STATE OF TEX. v. I.C.C.

No. 90-8443.

935 F.2d 728 (1991)

STATE OF TEXAS, Plaintiff-Appellant, v. INTERSTATE COMMERCE COMMISSION, Defendant-Appellee, and Armstrong World Industries, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

July 18, 1991.

Attorney(s) appearing for the Case

Robert Ozer, Atty. Gen., Sharon Felfe, and Anne Swenson, Asst. Attys. Gen., Austin, Tex., for plaintiff-appellant.

Peter R. Maier, and Leonard Schaitman, Dept. of Justice, Appellate Staff, Civ. Div., and Michael L. Martin, Office of Gen. Counsel, I.C.C., Washington, D.C., for defendant-appellee.

William P. Jackson, Jr., Arlington, Va., for Armstrong World.

Before REAVLEY, HIGGINBOTHAM, and DUHÉ, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The state of Texas sued the Interstate Commerce Commission under the Freedom of Information Act to force the ICC to disclose certain documents. The district court ruled that, of the eleven documents withheld by the ICC, six had to be disclosed. We affirmed that ruling. Texas then moved for attorneys fees under 5 U.S.C.A. § 552(a)(4)(E) (West 1977). The district court denied the motion on two grounds: First, the court argued...

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