SENTELLE, Circuit Judge: The Smithsonian Institution (the “Smithsonian”) appeals an award of attorneys’ fees under the Freedom of Information Act (“FOIA”). 5 U.S.C. § 552 (a)(4)(E) (1994). Specifically, the Institution argues that the district court erred in holding the Smithsonian an agency under FOIA. See <span class="citation n…
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