N. A. A. C. P. v. CIVILETTI

Nos. 78-1639, 78-2039.

609 F.2d 514 (1979)

The NATIONAL ASSOCIATION FOR the ADVANCEMENT OF COLORED PEOPLE et al. v. Benjamin R. CIVILETTI, in his Official Capacity as the Attorney of the United States, et al., Appellants. Marilyn W. ANDRULIS et al. v. UNITED STATES of America et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 1979.

Rehearing Denied January 4, 1980.


Attorney(s) appearing for the Case

Janis Sposato, Atty., Dept. of Justice, Washington, D. C., a member of the bar of the Supreme Court of Connecticut, pro hac vice, by special leave of court, with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., at the time the brief was filed, Earl J. Silbert, U.S. Atty. Gen., Washington, D. C., at the time the brief was filed, and William Kanter and Mark H. Gallant, Attys., Dept. of Justice, Washington, D. C., were on the brief, for appellant in No. 78-2039. Dennis A. Dutterer, Asst. U. S. Atty., Washington, D. C., entered an appearance for appellant in No. 78-2039.

Cynthia L. Attwood, Atty., Dept. of Justice, Washington, D. C., with whom Drew S. Days III, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., Washington, D. C., at the time the brief was filed, and Walter W. Barnett, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellants in No. 78-1639.

J. Francis Pohlhaus, Washington, D. C., for appellee in No. 78-1639.

I. Michael Greenberger, Washington, D. C., for appellee in No. 78-2039.

Linda R. Singer and Ronald A. Schechter, Washington, D. C., were on the brief for amicus curiae, urging affirmance in No. 78-2039 only.

Before WRIGHT, Chief Judge, WILKEY, Circuit Judge, and LARSON, Senior District Judge.


Opinion for the court filed by Senior District Judge LARSON.

Dissenting opinion filed by Chief Judge J. SKELLY WRIGHT.

LARSON, Senior District Judge:

The above-captioned cases are consolidated on appeal because both raise the same central issue — that is, whether the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988, permits an award of fees against the United States. After careful deliberation, we conclude that the Awards...

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