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KNIGHTS OF KU KLUX KLAN v. E. BATON ROUGE PARISH

No. 83-3292.

735 F.2d 895 (1984)

KNIGHTS OF the KU KLUX KLAN, REALM OF LOUISIANA, Plaintiff-Appellee, v. EAST BATON ROUGE PARISH SCHOOL BOARD, Defendant-Appellee, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (formerly U.S. Department of Health, Education and Welfare), Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 9, 1984.

Attorney(s) appearing for the Case

Margaret E. Clark, William Kanter, Civil Div., Appellate Staff, Dept. of Justice, Washington, D.C., for defendant-appellant.

Lawrence R. Anderson, Jr., Baton Rouge, La., for Ku Klux Klan.

John F. Ward, Jr., Robert L. Hammonds, Baton Rouge, La., for East Baton Rouge Parish School Bd.

Before JOHNSON, HIGGINBOTHAM and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The United States Department of Health and Human Services, formerly HEW, appeals an attorney's fee award under the Equal Access to Justice Act, 28 U.S.C. § 2412 et seq., in favor of the Ku Klux Klan. The government argues that contrary to 28 U.S.C. § 2412(d) attorney fees were awarded without regard to the substantiality of its legal position. We conclude that the district court properly awarded fees under 28...

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