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COTTON v. HEYMAN

No. 94-5014.

63 F.3d 1115 (1995)

Catherine COTTON, Appellee, v. I. Michael HEYMAN, Secretary, The Smithsonian Institution, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 11, 1995.

Attorney(s) appearing for the Case

Robert L. Shapiro, Asst. U.S. Atty., Washington, DC, argued the cause for appellant. With him on the briefs were Eric H. Holder, Jr., U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, DC.

David C. Vladeck, Washington, DC, argued the cause for appellee. With him on the brief were Brian Wolfman and Alan B. Morrison, Washington, DC.

Before BUCKLEY, WILLIAMS, and SENTELLE, Circuit Judges.

SENTELLE, Circuit Judge:

The Smithsonian Institution (the "Smithsonian") appeals an award of attorneys' fees under the Freedom of Information Act ("FOIA"). 5 U.S.C. § 552(a)(4)(E) (1994). Specifically, the Institution argues that the district court erred in holding the Smithsonian an agency under FOIA. See id. at § 552(f). The appellant also contends that, assuming arguendo that it is such an agency, the district court misapplied the public...

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