DEL MFG. CO. v. UNITED STATES

No. 83-1094.

723 F.2d 980 (1983)

DEL MANUFACTURING COMPANY v. UNITED STATES of America, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 1983.

As Amended December 23, 1983.


Attorney(s) appearing for the Case

William J. Birney, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on the brief for appellants. William Kanter and Charles D. Ossola, Attys., Dept. of Justice, Washington, D.C., also entered appearances for appellants.

Peter N. Weiss, Washington, D.C., with whom Dennis J. Riley, Washington, D.C., was on the brief for appellee.

Before TAMM, WALD and STARR, Circuit Judges.


Opinion for the Court filed by Circuit Judge STARR.

Dissenting opinion filed by Circuit Judge WALD.

STARR, Circuit Judge:

This case arises under the Equal Access to Justice Act, 28 U.S.C. § 2412 (Supp. V 1981). Under section 204 of that Act ("EAJA"), a court in a suit brought by or against the United States is directed to award attorneys' fees to a private prevailing party who satisfies certain financial...

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