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UNITED STATES v. YOFFE

No. 85-1229.

775 F.2d 447 (1985)

UNITED STATES of America, Plaintiff, Appellee, v. Franklin M. YOFFE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 25, 1985.

Attorney(s) appearing for the Case

Charles M. MacLean, Framingham, Mass., for defendant, appellant.

Frederick E. Dashiell, Asst. U.S. Atty., Boston, Mass., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief for plaintiff, appellee.

Before BOWNES, Circuit Judge, WISDOM, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

BOWNES, Circuit Judge.

This is an appeal from the refusal of the district court to award defendant-appellant Franklin M. Yoffe attorney's fees under 28 U.S.C. § 2412(d)1 of the Equal Access to Justice Act. Section 2412(d)(1)(A) provided:

Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded pursuant...

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