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PREMACHANDRA v. MITTS

No. 82-2441.

753 F.2d 635 (1985)

Dr. Bhartur N. PREMACHANDRA, Appellee, v. Dr. Murray G. MITTS, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 14, 1985.

Motion for Clarification and Reconsideration Denied April 12, 1985.

Attorney(s) appearing for the Case

Nicholas Zeppos, Justice Dept., Washington, D.C., Thomas E. Dittmeier, U.S. Atty., Joseph B. Moore, Asst. U.S. Atty., St. Louis, Mo., and William Kanter and Anne Buxton Sobol, Justice Dept., Washington, D.C., for appellant.

Marilyn S. Teitelbaum, St. Louis, Mo., for appellee.

Before HEANEY, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG and BOWMAN, Circuit Judges, en banc.

JOHN R. GIBSON, Circuit Judge.

The question before us is whether the United States is liable under the Equal Access to Justice Act, 28 U.S.C. § 2412(b) (1982), for attorneys' fees incurred by Dr. Bhartur Premachandra in his suit against the Veterans Administration based on an alleged constitutional violation. As we find no basis in the language of the statutes or legislative history to support an award, we reverse the judgment of the district court granting Premachandra...

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