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BATTON v. I.R.S.

No. 12-20401.

718 F.3d 522 (2013)

Mark E. BATTON, Plaintiff-Appellant v. INTERNAL REVENUE SERVICE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 20, 2013.

Attorney(s) appearing for the Case

David James Batton, Esq. , Attorney (argued), Kevin Watley , Norman, OK, for Plaintiff-Appellant.

Patricia McDonald Bowman , Trial Attorney (argued), Daniel J. Healy , Karen G. Gregory , Bridget Maria Rowan , U.S. Department of Justice, Tax Division, Appellate Section, Washington, DC, for Defendant-Appellee.

Before GARZA, SOUTHWICK, and HAYNES, Circuit Judges.

HAYNES, Circuit Judge:

Plaintiff-Appellant Mark Batton appeals the district court's denial of his motion for attorneys' fees in his Freedom of Information Act ("FOIA") suit against the Internal Revenue Service ("IRS"). Because we conclude that Batton was eligible to receive attorneys' fees, we VACATE and REMAND for proceedings consistent with this opinion.

I. BACKGROUND

We briefly recite the facts relevant to this appeal. A full recitation of the...

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