LONG v. U.S. I.R.S.

No. 86-4172.

932 F.2d 1309 (1991)

Susan B. LONG, and Philip H. Long, Plaintiffs-Appellants, v. UNITED STATES INTERNAL REVENUE SERVICE, Bureau of Economic Analysis, and United States Department of Commerce, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Resubmitted November 16, 1990.

Decided May 6, 1991.

As Amended June 13, 1991.

Attorney(s) appearing for the Case

Kelby Fletcher, Peterson, Bracelin, Young, Putra, Fletcher & Zeder, Stephen K. Strong, Bendich, Stobaugh & Strong, Seattle, Wash., for plaintiffs-appellants.

Jonathan S. Cohen, Tax Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before TANG, O'SCANNLAIN and LEAVY, Circuit Judges.


In this appeal, we must examine the three considerations that govern the award of fees and costs to a plaintiff in an action under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552: the plaintiff's eligibility for such an award, his entitlement to such an award, and the reasonableness of the amount he requests. Because we conclude that the district court failed to distinguish the standards applicable to these separate considerations and misapplied...

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