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KAYE v. BURNS

No. 75 Civ. 1873.

411 F.Supp. 897 (1976)

Richard S. KAYE, Plaintiff, v. Arthur F. BURNS, Board of Governors of the Federal Reserve System and Theodore E. Allison, Defendants.

United States District Court, S. D. New York.

April 5, 1976.

Attorney(s) appearing for the Case

Alexander, Katz & Rosenberg by John M. Burns, III, New York City, for plaintiff.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., by Stuart I. Parker, Asst. U. S. Atty., New York City, for defendants.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiff has moved for an order, pursuant to 5 U.S.C. § 552(a)(4)(E), assessing against the defendants attorneys' fees and litigation costs incurred by the plaintiff. The motion is denied, and the action is hereby dismissed as moot.

FACTS

This action was brought under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552(a)(4)(B), to obtain disclosure of certain records of the...

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