RANDOLPH, Senior Circuit Judge, dissenting: Precedent forces the majority to apply a longstanding test for determining whether to award attorney’s fees. It is time to recognize that this test is a legal relic. It is derived not from the statute but from statements in committee reports, it is inconsistent with now-settled FOIA law that the identity of the requester is irrelevant, see, e.g., NLRB v. Sears, R…
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