MUFFOLETTO v. SESSIONS

No. CV-88-3173 (ADS).

760 F.Supp. 268 (1991)

Richard MUFFOLETTO, Plaintiff, v. William SESSIONS, as Director of the Federal Bureau of Investigation, United States Justice Department, Defendant.

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

March 27, 1991.


Attorney(s) appearing for the Case

Levine, Robinson & Algios, P.C., Mitchel Field, N.Y. (Carl S. Levine, of counsel), for plaintiff.

Andrew J. Maloney, U.S. Atty., E.D. N.Y., Brooklyn, N.Y. by Christopher G. Lehmann, Asst. U.S. Atty., for defendant.


OPINION AND ORDER

SPATT, District Judge.

A requester who "substantially prevails" in litigation brought to obtain information from a federal agency under the Freedom of Information Act becomes "eligible" for an award of attorney's fees under the statute. Before fees may be awarded, however, the requester bears the additional burden of demonstrating that he or she is "entitled" to the award, on the ground that such disclosure has or will result in a "benefit...

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