Seth Rosenfeld v. United States of America the Federal Bureau of Investigation, Defendants- United States Department of Justice, and Federal Bureau of Investigation v. United States District Court for the Northern District of California, Seth Rosenfeld, Real Party in Interest

859 F.2d 717 57 USLW 2255 Seth ROSENFELD, Plaintiff-Appellee, v. UNITED STATES of America; The Federal Bureau of Investigation, Defendants- Appellants. UNITED STATES DEPARTMENT OF JUSTICE, and Federal Bureau of Investigation, Petitioners, v. UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF CALIFORNIA, Respondent. Seth Rosenfeld, Real Party in Interest. No. 87-2975. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 18, 1988. Decided Oct. 12, 1988. As Amended on Denial of Rehearing and Rehearing En Banc Dec. 22, 1988. Gregory C. Sisk, Dept. of Justice, Washington, D.C., for defendants-appellants/petitioners. Thomas Steel, San Francisco, Cal., for plaintiff-appellee/real party in interest. Appeal from the United States District Court for the Northern District of California. Before SCHROEDER, FLETCHER and BOOCHEVER, Circuit Judges. FLETCHER, Circuit Judge: 1 The United States appeals a district court award of interim attorney's fees to Rosenfeld, plaintiff-appellee, in Freedom of Information Act (FOIA) litigation. We dismiss the appeal and deny the Government's petition for a writ of mandamus. BACKGROUND AND PROCEEDINGS BELOW 2 Seth Rosenfeld, a…