Legal Opinion

Herbert L. Fenster v. Harold Brown, Secretary of Defense

Court of Appeals for the D.C. Circuit

Decided December 18, 1979No. 78-2169PublishedCited by 111 opinions

1Opinion of the Court

TAMM, Circuit Judge:

Appellant, after “substantially prevailing” in litigation seeking the release of federal documents, sought an award of attorneys’ fees under section 552(a)(4XE) of the Freedom of Information Act (FOIA). 1 United States District Judge George L. Hart, Jr., denied the request, prompting this appeal. Believing that Judge Hart properly exercised his discretion in denying the award, we affirm.

I

Gilbert Cuneo (now deceased) and Herbert Fenster, 2 partners in a Washington law firm that specializes in government contract law, filed this suit against then Secretary of Defense Robert…

2Cases cited7 opinions

  1. Gilbert A. Cuneo v. Donald H. RumsfeldCourt of Appeals for the D.C. Circuit · 1977
  2. Nationwide Building Maintenance, Inc. v. Arthur Sampson, Administrator, U. S. General Services AdministrationCourt of Appeals for the D.C. Circuit · 1977
  3. Vermont Low Income Advocacy Council, Inc. v. William J. Usery, Secretary of LaborCourt of Appeals for the Second Circuit · 1976
  4. George E. Blue, Cross-Appellant v. Bureau of Prisons, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1978
  5. Gilbert A. Cuneo v. James A. Schlesinger, Secretary of DefenseCourt of Appeals for the D.C. Circuit · 1973

2 more not listed; retrieve them via the Exa API.

3Cited by111 opinions

  1. Harold Weisberg v. U.S. Department of Justice, (Two Cases). Harold Weisberg v. U.S. Department of Justice. (Two Cases)Court of Appeals for the D.C. Circuit · 1984
  2. Fund for Constitutional Government v. National Archives and Records ServiceCourt of Appeals for the D.C. Circuit · 1981
  3. James Miller v. United States Department of StateCourt of Appeals for the Eighth Circuit · 1986
  4. Davy v. Central Intelligence AgencyCourt of Appeals for the D.C. Circuit · 2008
  5. Tax Analysts v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 1992

106 more not listed; retrieve them via the Exa API.

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