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APARACOR, INC. v. UNITED STATES

No. 139-73.

571 F.2d 552 (1978)

APARACOR, INC., formerly Queen's-Way to Fashion, Inc. v. The UNITED STATES.

United States Court of Claims.

February 22, 1978.

Attorney(s) appearing for the Case

Warren C. Seieroe, Chicago, Ill., for plaintiff; Lawrence Gerber, Michael R. Fayhee, Judith S. Horn and McDermott, Will & Emery, Chicago, Ill., of counsel.

Asst. Atty. Gen. M. Carr Ferguson, Washington, D.C., for defendant; Robert S. Watkins, Washington, D.C., of counsel.

Before COWEN, Senior Judge, DAVIS, NICHOLS, KASHIWA, KUNZIG, and BENNETT, Judges, en banc.

ON PLAINTIFF'S MOTION FOR COSTS INCLUDING ATTORNEYS' FEES

DAVIS, Judge.

We have heard this case en banc because it is the first to present the general issue of whether The Civil Rights Attorney's Fees Awards Act of 1976, Pub.L.No. 94-559, 90 Stat. 2641, applies to tax refund suits in this court. The question is raised by the plaintiff's motion for the award of costs including attorneys' fees pursuant to 42...

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