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ALLEN v. F.B.I.

Civ. A. No. 81-1206.

716 F.Supp. 667 (1989)

Mark A. ALLEN, Plaintiff, v. FEDERAL BUREAU OF INVESTIGATION, et al., Defendants.

United States District Court, District of Columbia.

December 22, 1989.

Attorney(s) appearing for the Case

James H. Lesar, Dept. of Justice, Civ. Div., Washington, D.C., for plaintiff.

Thomas A. Bovard, Vincent M. Garvey and Stephen E. Hart, Dept. of Justice, Washington, D.C., for defendants.

MEMORANDUM

JUNE L. GREEN, District Judge.

This matter is before the Court on plaintiff Mark Allen's application for an interim award of attorney's fees and costs. Under the Freedom of Information Act ("FOIA"), a court may award reasonable attorney fees to a complainant who has "substantially prevailed." 5 U.S.C. § 552(a)(4)(E) (1982). For the reasons stated below, the Court denies plaintiff's application without prejudice.

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