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AMERICAN ASS'N OF MARRIAGE, ETC. v. BROWN

No. 77-2110.

593 F.2d 1365 (1979)

AMERICAN ASSOCIATION OF MARRIAGE AND FAMILY COUNSELORS INC., et al., Appellants, v. Harold BROWN, Secretary of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided February 21, 1979.

Attorney(s) appearing for the Case

Michael B. Gross, Washington, D. C., for appellants.

Barbara L. Herwig, Dept. of Justice, Washington, D. C., argued, Barbara Allen Babcock, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., Leonard Schaitman and Richard A. Olderman, Attys., Washington, D. C., were on the brief, for appellees.

Before LEVENTHAL and ROBINSON, Circuit Judges, and HAROLD H. GREENE, United States District Judge for the District of Columbia.

Opinion for the Court filed by Circuit Judge LEVENTHAL.

LEVENTHAL, Circuit Judge:

In this case we must consider the circumstances under which a party prevailing in an action to enjoin a federal official from acting illegally may, absent statutory authority, recover an award of attorneys' fees. The question has been before this court several times in recent years. Unfortunately, the opinions do not provide clear guidance. Rather than attempting a reconciliation...

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