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SUMMERS v. DEPARTMENT OF JUSTICE

No. 07-5315.

569 F.3d 500 (2009)

Anthony SUMMERS, Appellant v. DEPARTMENT OF JUSTICE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2009.

Attorney(s) appearing for the Case

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

Darrell C. Valdez, 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.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Anthony Summers brought this action to obtain certain records from the Federal Bureau of Investigation pursuant to the Freedom of Information Act. In 2005, after Summers and the Government had settled the case, Summers sought an award of attorneys' fees. The district court denied Summers's request because, having settled, he could not be said to have "substantially prevailed" in the case and was therefore...

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