Galedrige Construction Inc. v. United States Internal Revenue Service

74 F.3d 1245 77 A.F.T.R.2d 96 -1016 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. GALEDRIGE CONSTRUCTION INC., Plaintiff-Appellant, v. UNITED STATES INTERNAL REVENUE SERVICE, Defendant-Appellee. No. 94-16628. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 11, 1995. Decided Jan. 22, 1996. Before: ALDISERT, * SCHROEDER, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Galedrige Construction, Inc., appeals the district court's order denying its motion for attorney's fees pursuant to the Freedom of Information Act, 5 U.S.C. Sec. 552 (a)(4)(E), and its motion for sanctions. We affirm the district court's order. 3 The Freedom of Information Act ("FOIA") allows the district court to "assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case ... in which the complainant has substantially prevailed." See 5 U.S.C. Sec. 552 (a)(4)(E). The award of attorney's fees is not mandatory, Long v. IRS, 932 F.2d…