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NICHOLS v. PIERCE

Nos. 81-1160, 83-1154.

740 F.2d 1249 (1984)

Jean NICHOLS, individually; as next friend of her minor child, Terrie Johnston; and on behalf of all others similarly situated, Appellants, v. Samuel R. PIERCE, Jr., Secretary of the Department of Housing and Urban Development. Jean NICHOLS, individually; as next friend of her minor child, Terrie Johnston; and on behalf of all others similarly situated, Appellants, v. Samuel R. PIERCE, Jr., Secretary of the Department of Housing and Urban Development.

United States Court of Appeals, District of Columbia Circuit.

Decided August 10, 1984.

Attorney(s) appearing for the Case

Brian Paddock, Cookeville, Tenn., with whom Florence Wagman Roisman, Washington, D.C., was on the brief for appellants. Lee P. Reno and Ilene J. Jacobs, Washington, D.C., also entered appearances for appellants.

John W. Polk, 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 and R. Craig Lawrence, Washington, D.C., were on the brief for appellee. Kenneth M. Raisler, Asst. U.S. Atty., Washington, D.C., also entered an appearance for appellee.

Before WILKEY and MIKVA, Circuit Judges, and MARKEY, Chief Judge for the United States Court of Appeals for the Federal Circuit.

Opinion for the Court filed by Circuit Judge WILKEY.

Opinion concurring in part, dissenting in part, filed by Circuit Judge MIKVA.

WILKEY, Circuit Judge:

These consolidated appeals stem from the attempts of appellant Jean Nichols to recover attorneys fees incurred in an action brought against the United States Department of Housing and Urban Development ("HUD"). After successfully challenging the sufficiency of procedural protections accorded to tenants...

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