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NATIONAL TREASURY EMPLOYEES UNION v. I.R.S.

No. 83-3223.

735 F.2d 1277 (1984)

NATIONAL TREASURY EMPLOYEES UNION, Plaintiff-Appellant, v. INTERNAL REVENUE SERVICE, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 5, 1984.

Attorney(s) appearing for the Case

William Harness, Assoc. Gen. Counsel, Atlanta, Ga., for plaintiff-appellant.

Charles T. Myers, William Kanter, Washington, D.C., for defendant-appellee.

Before RONEY and JOHNSON, Circuit Judges, and MORGAN, Senior Circuit Judge.

RONEY, Circuit Judge:

Plaintiff, the National Treasury Employees Union, seeks attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C.A. § 2412(d). Although the district court found that the Union was the prevailing party in a suit against the Internal Revenue Service (IRS), attorney's fees were denied under the "special circumstances" exception to the EAJA because a settlement of the claim did not mention...

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