United States Eighth Circuit

District court's denial of plaintiffs' request for attorney's fees and of their motions to propound requests for admissions and conduct further discovery is affirmed where: 1) applying the OPEN Government Act to award attorneys' fees and costs in this case would result in an impermissible retroactive application of the statute, as they were not available under the circuit's law at the time the NLRB settled the Freedom of Information Act suit; 2) reversing the district court's denial of plaintiff's request for admissions and further discovery could provide no additional relief.

Appellate Information

• Decided 08/27/2009
• Published 08/27/2009

Judges

• SHEPHERD, Circuit Judge., Before RILEY, SMITH, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Donald W. Jones, argued and briefed, John A. Simmons, on the brief, Springfield, MO, for appellants.


• For Appellees:
  
• Laura E. Bandini, argued, Eric G. Moskowitz, Abby Propis Simrns, and Laura E. Bandini, on the brief, Washington, DC, for appellee.