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PETITION OF HILL

No. 84-2503.

775 F.2d 1037 (1985)

In the Matter of the Petition of Carl HILL for Writ of Habeas Corpus. Carl Basil Angelo HILL, Petitioner, and Jeff T. Appleman, William O. Dillingham, and National Gay Rights Advocates, Applicants-Appellants, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, and the United States, and their agents, etc., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 1, 1985.

Attorney(s) appearing for the Case

Suzanne E. Engelberg, Mill Valley, Cal., Keith W. Lewis, William F. Murphy, Dillingham & Murphy, San Francisco, Cal., for petitioner.

William Kanter, Irene M. Solet, Attys., Appellate Staff, Washington, D.C., for respondents-appellees.

Before MERRILL, HUG, and SCHROEDER, Circuit Judges.

HUG, Circuit Judge:

Appellants appeal from the district court's order denying them attorneys' fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. §§ 2412(b) and 2412(d). We affirm.

FACTS

The factual background of the administrative and court litigation in this matter is set forth in Hill v. Immigration and Naturalization Service, 714 F.2d 1470 (9th

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