CITIZENS COUNCIL OF DELAWARE COUNTY v. BRINEGAR

Nos. 83-1669, 83-1697.

741 F.2d 584 (1984)

CITIZENS COUNCIL OF DELAWARE COUNTY; Chester-Ridley-Crum Watersheds Association: Whiskey Run Rebellion; League of Women Voters of Swarthmore; Rhoda Gribbel; Roy Smith; Donna and Leonard Mammucari; John and Barbara Crowther; Alan and Margot Hunt; and Marion Lebeis, Appellees, v. Claude S. BRINEGAR, Secretary of Transportation of the United States and Jacob Kassab, Secretary of Transportation of the Commonwealth of Pennsylvania and Harry A. McNichol, Chairman, and Nicholas F. Catania and William A. Springler, Commissioners of Delaware County, and Gus D. Houtman, President, and James W. Davis, Theodore D. Hadley, Jr. and James J. McKeehen, Branton H. Henderson and Charles E. Weber, Members of the Park and Recreation Board of Delaware County and John J. Shields, President, and Anthony Daliessio, John D. Donald, Peter J. O'Keefe, Norman R. Lincoln, John Haller, Charles S. Bottino, W. Gordo Atherholt and Samuel B. Morrelli, Members of the Ridley Township Board of Commissioners, Appellants. MARPLE TOWNSHIP and Radnor Township and Swarthmore College Ashwood Manor Civic Association, Appellees/Cross-Appellants, v. LEWIS, Drew, Secretary of Transportation of the United States and Larson, Thomas D., Secretary of Transportation of the Commonwealth of Pennsylvania and The Chester Group; The Honorable Edgar, Robert W.; The County of Delaware; The City of Chester; The Borough of Upland; The Borough of Trainer; The Borough of Eddystone; The Borough of Marcus Hook; The Delaware County Chamber of Commerce; The Delaware County AFL-CIO Council; The Committee for the Blue Route; Hart, David K.; Jordan, Richard C., Jr. and Clayton, Howard J.; The Greater Philadelphia Chamber of Commerce Penjerdel Council and the Borough of Prospect Park, Appellant/Cross-Appellee. MARPLE TOWNSHIP and Radnor Township and Swarthmore College Ashwood Manor Civic Association, Appellants, v. LEWIS, Drew, Secretary of Transportation of the United States and Larson, Thomas D., Secretary of Transportation of the Commonwealth of Pennsylvania and The Chester Group; The Honorable Edgar, Robert W.; The County of Delaware; The City of Chester; The Borough of Upland; The Borough of Trainer; The Borough of Eddystone; The Borough of Marcus Hook; The Delaware County Chamber of Commerce; The Delaware County AFL-CIO Council; The Committee for the Blue Route; Hart, David K.; Jordan, Richard C., Jr. and Clayton, Howard J.; The Greater Philadelphia Chamber of Commerce Penjerdel Council and the Borough of Prospect Park, Appellees.

United States Court of Appeals, Third Circuit.

Decided August 1, 1984.


Attorney(s) appearing for the Case

F. Henry Habicht, II, Asst. Atty. Gen., Washington, D.C., Edward S.G. Dennis, Jr., U.S. Atty., Susan Dein Bricklin, Asst. U.S. Atty., Philadelphia, Pa., Robert L. Klarquist, Maria A. Iizuka (argued), Attys., Dept. of Justice, Land & Natural Resource Div., Appellate Section, Edward V.A. Kussy, Deborah Dull, Federal Highway Admin., Washington, D.C., for appellant/cross-appellee.

Edward F. Mannino (argued) Marguerite S. Walsh, James J. Greenfield, Dillworth, Paxson, Kalish & Kauffman, Philadelphia, Pa., for appellees/cross-appellants.

Before GARTH and SLOVITER, Circuit Judges, and NEAHER, District Judge.


OPINION OF THE COURT

GARTH, Circuit Judge.

The primary question which we must answer in this appeal is whether a township or other governmental entity is a "party" within the meaning of that term as it is found in the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1982). Marple Township and Radnor Township (the Townships) claim to be such parties,1 and therefore they seek...

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