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OREGON NATURAL DESERT ASS'N v. LOCKE

No. 06-35851.

572 F.3d 610 (2009)

OREGON NATURAL DESERT ASSOCIATION, Plaintiff-Appellee, v. Gary LOCKE, Secretary, United States Department of Commerce; William T. Hogarth, Director, NOAA Fisheries National Marine Fisheries Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2009.

Attorney(s) appearing for the Case

Mark W. Pennak, United States Department of Justice, Washington, D.C., for the defendants/appellants.

Peter M. Lacy, Portland, OR, for the plaintiff/appellee.

Before: DAVID R. THOMPSON, A. WALLACE TASHIMA and MILAN D. SMITH, JR., Circuit Judges.

THOMPSON, Senior Circuit Judge:

The Department of Commerce, National Oceanic and Atmospheric Administration Fisheries ("NOAA Fisheries") and National Marine Fisheries Services (collectively, "Commerce") appeal the district court's order granting attorney fees and costs under the Freedom of Information Act, 5 U.S.C. § 552 ("FOIA"), in favor of Oregon Natural Desert Association ("ONDA"). The district court issued the attorney fees order after it entered judgment...

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