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SIMON v. UNITED STATES

Civ. A. No. 83-1304.

587 F.Supp. 1029 (1984)

Calvin SIMON, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, District of Columbia.

July 17, 1984.

Attorney(s) appearing for the Case

Barry J. Trilling of Trilling & Kennedy, Washington, D.C., for plaintiffs.

Joseph E. diGenova, U.S. Atty., Royce C. Lamberth and John W. Polk, Asst. U.S. Attys., for defendants.

CHARLES R. RICHEY, District Judge.

Plaintiffs are seeking attorneys' fees under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552(a)(4)(E), which provides that the "court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed." Such an award is not automatic once a litigant establishes his eligibility, but rather is subject...

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