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POPE v. RAILROAD RETIREMENT BD.

Nos. 83-1305, 83-1422.

744 F.2d 868 (1984)

Wilhelmina POPE et al., Appellants v. The RAILROAD RETIREMENT BOARD et al. Edwin THRASH et al., Appellants v. The RAILROAD RETIREMENT BOARD et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 2, 1984.

Attorney(s) appearing for the Case

Gill Deford, Los Angeles, Cal., with whom Neal S. Dudovitz, Los Angeles, Cal., Jan May, Burton D. Fretz, and Toby S. Edelman, Washington, D.C., were on the brief, for appellants.

Nathan Dodell, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C., at the time the brief was filed, Royce C. Lamberth, R. Craig Lawrence, and Michael J. Ryan, Asst. U.S. Attys., Washington, D.C., and Arthur A. Arfa, Atty., Railroad Retirement Board, Chicago, Ill., were on the brief, for appellees.

Before WRIGHT and TAMM, Circuit Judges, and SWYGERT, Senior Circuit Judge.

Opinion PER CURIAM.

PER CURIAM.

The issue is whether the district court erred in denying attorney fees and costs to plaintiffs-appellants under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). Plaintiffs' request for an allowance of these items grows out of a lawsuit relating to the notice procedures used by the United States Railroad Retirement Board in its recoupment of alleged excess payments of annuities pursuant to the Railroad Retirement Act...

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