Nationwide Building Maintenance, Inc. v. Arthur Sampson, Administrator, U. S. General Services Administration

Opinion for the Court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

Nationwide Building Maintenance, Inc. appeals from the summary judgment of the United States District Court for the District of Columbia which denied its request for an award of attorney fees and litigation costs 1 under section 552(a)(4)(E) of the Freedom of Information Act (FOIA), 5 U.S.C. § 552(a)(4)(E) (Supp. V 1975). The district court’s judgment rests on its conclusion that Nationwide had not “substantially prevailed” within the meaning of section 552(a)(4)(E) because the government abandoned its exemption claims and…