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McCLELLAN ECOLOGICAL SEEPAGE SITUATION v. CARLUCCI

No. 86-15050.

835 F.2d 1282 (1987)

McCLELLAN ECOLOGICAL SEEPAGE SITUATION; Mary Fisher; Charles Yarbrough, Plaintiffs-Appellants, v. Frank C. CARLUCCI, Secretary of the U.S. Department of Defense, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 31, 1987.

Attorney(s) appearing for the Case

Michael Axline, Eugene, Or., for plaintiffs-appellants.

John P. Schnitker, Dept. of Justice, Civil Div., Washington, D.C., for defendant-appellee.

Before TANG and BEEZER, Circuit Judges, and LYNCH, District Judge.

BEEZER, Circuit Judge:

Requesters McClellan Ecological Seepage Situation (MESS), a nonprofit association, and Charles Yarbrough and Mary Fisher, individual members of the association, requested that McClellan Air Force Base officials waive all search and copying fees on a Freedom of Information Act (FOIA) request. The fees were reduced by twenty-five percent. Requesters sued the Secretary of Defense (Secretary) to obtain a full fee waiver. The district court granted...

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