State of Texas v. Interstate Commerce Commission, and Armstrong World Industries, Inc.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The state of Texas sued the Interstate Commerce Commission under the Freedom of Information Act to force the ICC to disclose certain documents. The district court ruled that, of the eleven documents withheld by the ICC, six had to be disclosed. We affirmed that ruling. Texas then moved for attorneys fees under 5 U.S. C.A. § 552(a)(4)(E) (West 1977). The district court denied the motion on two grounds: First, the court argued that states are ineligible to receive attorneys fees under FOIA. Second, under the four discretionary criteria traditionally…