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FOSTER v. TOURTELLOTTE

Nos. 82-5415, 82-5694.

704 F.2d 1109 (1983)

William James FOSTER, Deceased through William James Foster, Jr., Special Administrator for the Estate of Deceased, Plaintiff-Appellant, v. Wallace W. TOURTELLOTTE, M.D., Ph.D., Individually and as a Physician in the employ of the Veterans Administration, an Agency of the United States Government, H. Earl Gordon, M.D., Ph.D., Individually and as a physician in the employ of the Veterans Administration, an Agency of the United States Government, and Robert Nimmo, Individually and as Director of the Veterans Administration, an Agency of the United States Government, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 26, 1983.

Attorney(s) appearing for the Case

Richard Stanley Scott, Malley, Yelsky, Chernove & Scott, Beverly Hills, Cal., for plaintiff-appellant.

Roger E. West, Asst. U.S. Atty., Los Angeles, Cal., for defendants-appellees.

Before FLETCHER and NELSON, Circuit Judges, and THOMPSON, District Judge.

PER CURIAM:

Appellant Foster, plaintiff below and now deceased, sued for and was granted a preliminary injunction ordering that the respirator on which he was dependent for life be removed.1 However, the district court denied Foster's requests for money damages and for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Supp. IV 1980). Foster appeals only from the decision to deny attorney's fees.

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