attractive this notion of accountability may seem, it does not, of course, erase the plain words of the statute.
Plaintiff also suggests that this court's award of attorney's fees to plaintiff by order of June 3, 1976 should suffice to invoke a section 552(a)(4)(F) analysis because of the determination that plaintiff had substantially prevailed on the merits. See Order at 4; 5 U.S.C. § 552(a)(4)(D). This argument ignores the fact that an order of production and an award of attorney's fees are two separate prerequisites for a 552(a)(4)(F) finding. The only case cited by plaintiff in which a 552(a)(4)(F) finding was made, Holly v. Acree, involved the required court order of production of withheld documents.
Because the court decides the motion on this ground, it need not reach the issue of whether defendants' actions raise questions of arbitrary or capricious withholding of the documents.
Accordingly, it is, by this court, this 8th day of October, 1976,
ORDERED that plaintiff's motion for a finding pursuant to 5 U.S.C. § 552(a)(4)(F) be, and the same hereby is, denied.
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