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KREIMES v. DEPARTMENT OF TREASURY

No. 84-3072.

764 F.2d 1186 (1985)

Robert KREIMES; Joan E. Kreimes, Plaintiffs-Appellees, v. DEPARTMENT OF TREASURY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 18, 1985.

Attorney(s) appearing for the Case

Patrick J. Foley, Jason P. Green, Tax Div., Dept. of Justice, Glenn L. Archer, Michael L. Paup, Gilbert S. Rothenberg, Bruce R. Ellisen, argued, Washington, D.C., for defendant-appellant.

Dennis E. Murray, argued, Murray & Murray Co., Sandusky, Ohio, for plaintiffs-appellees.

Before MARTIN and KRUPANSKY, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

CELEBREZZE, Senior Circuit Judge.1

In this tax refund case, the government appeals the award of attorney's fees to plaintiffs, Robert and Joan Kreimes, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (1982). The government contends that the plaintiffs are not entitled to attorney's fees because they were not the "prevailing party" under Section 2412(d) and that, if they...

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