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DAVY v. C.I.A.

No. 07-5200.

550 F.3d 1155 (2008)

William A. DAVY, Jr., Appellant v. CENTRAL INTELLIGENCE AGENCY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 2008.

Attorney(s) appearing for the Case

James H. Lesar argued the cause and filed the briefs for appellant.

Meredith Fuchs, Lucy A. Dalglish, and Gregg P. Leslie were on the brief for amicus curiae Reporters Committee for Freedom of the Press in support of appellant.

Alan Burch, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney. Charlotte A. Abel, Assistant U.S. Attorney, entered an appearance.

Dissenting opinion by Senior Circuit Judge RANDOLPH.

ROGERS, Circuit Judge:

This is the second time William Davy has appealed the denial of his request for an award of attorney's fees and costs under the Freedom of Information Act ("FOIA"). Davy first appealed the district court's finding that he was ineligible, and this court reversed, holding that he was eligible as a prevailing party and remanding the case for the district court to determine whether Davy was entitled to fees upon applying a familiar four-factor test...

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