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LANE v. UNITED STATES

No. 83-1524.

727 F.2d 18 (1984)

John E. LANE, Representative of the Estate of G. Kendrick Strong, Deceased, Plaintiff, Appellant, v. UNITED STATES of America, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 8, 1984.

Attorney(s) appearing for the Case

Norman C. Ross, Cochituate, Mass., for plaintiff, appellant.

David English Carmack, Washington, D.C., with whom Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Gary R. Allen, Mary L. Fahey, Attys., Tax Division, Dept. of Justice, Washington, D.C., and William F. Weld, U.S. Atty., Boston, Mass., were on brief, for defendants, appellees.

Before COFFIN and BREYER, Circuit Judges, and MALETZ, Senior Judge.

MALETZ, Senior Judge.

In 1980 Congress enacted the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in the belief that certain persons "may be deterred from seeking review of ... unreasonable governmental action because of the expense involved ...," and in the hope of "reduc[ing] the deterrents and disparity by entitling certain prevailing parties to recover an award of attorney fees ... against the United States...." H.R.Rep. No. 1418, 96th Cong., 2d Sess...

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