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CHESAPEAKE BAY FOUNDATION v. DEPT. OF AGRICULTURE

No. 96-5212.

108 F.3d 375 (1997)

CHESAPEAKE BAY FOUNDATION, INC., Appellee, v. DEPARTMENT OF AGRICULTURE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 14, 1997.

Attorney(s) appearing for the Case

Charles F. Flynn, Assistant United States Attorney, argued the cause for appellant, with whom Eric H. Holder, Jr., United States Attorney, and R. Craig Lawrence, Assistant United States Attorney, were on the briefs. John O. Birch, Assistant United States Attorney, entered an appearance.

Nancy Crisman, Washington, DC, argued the cause for appellee, with whom Anne Spielberg was on the brief. Diane Curran entered an appearance.

Before: SILBERMAN, WILLIAMS, and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Appellant United States Department of Agriculture (USDA) challenges for the second time an award to the Chesapeake Bay Foundation of attorneys' fees incurred in pursuing a FOIA request. We reverse.

I.

The Chesapeake Bay Foundation is a not-for-profit corporation whose principal goal is to pursue projects designed...

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