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TAX ANALYSIS v. U.S. DEPT. OF JUSTICE

No. 91-5082.

965 F.2d 1092 (1992)

TAX ANALYSTS, Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 2, 1992.

Attorney(s) appearing for the Case

William A. Dobrovir, Washington, D.C., for appellant.

Jonathan S. Cohen, Atty., Dept. of Justice, with whom Shirley D. Peterson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., Gary R. Allen and Kevin M. Brown, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellee.

Before MIKVA, Chief Judge, HARRY T. EDWARDS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

Under the Freedom of Information Act, district courts "may" award attorney's fees and costs to members of the public who substantially prevail in FOIA litigation against the government. 5 U.S.C. § 552(a)(4)(E). In this case, the district court denied attorney's fees to appellant Tax Analysts which, after losing its FOIA case against the Justice Department in district court, prevailed...

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