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DUNN v. UNITED STATES

No. 85-3064.

775 F.2d 99 (1985)

Janis DUNN; William Dunn; Anthony Amorose; Stella Badia; Samuel W. Brown and Evelyn Brown, his wife; Debra Burgess; Louis Kenneth Davis, Sr. and Helen H. Davis, his wife; Frank J. DeLost and Marie K. DeLost, his wife; Tony DeLost and Jean B. DeLost, his wife; Robert E. Dunn and Dorothy C. Dunn, his wife; Robert W. Dunn and Kathryn Dunn, his wife; Audrey Farson; Jane B. Heirendt; M. Marjorie Herron; John R. Hilderbrand, Sr.; Edward T. Liptak and Jacqueline Liptak, his wife; Jacqueline Liptak, as custodian for Edward Liptak; Donna G. Mack; Elizabeth Maffio; Patricia Malardie; Edward J. Marton and Juanita Marton, his wife; Est Betty McGant, thru Exec. Alexander McGant; Barbara L. Prowitt; Elio Spinoso and Isabella M. Spinose, his wife; Michael Tomecsko and Peggy Tomecsko, his wife; Gerald H. Wagner and Rosann Wagner, his wife; Sophie Winseck; Elmer J. Young, Sr.; and Frank R. Zuzek v. The UNITED STATES of America; United States Department of Energy and The Honorable James B. Edwards, its Secretary; United States Department of Defense and The Honorable Casper Weinberger, its Secretary; United States Nuclear Regulatory Commission and Joseph M. Hendrie, its Chairman; United States Department of Public Health & Welfare and The Honorable Richard A. Schweiker, its Secretary; United States Environmental Protection Agency and Ann McGill Gorsuch, its Administrator; the Commonwealth of Pennsylvania and The Honorable Richard A. Thornburgh, its Governor; and the Pennsylvania Department of Environmental Resources and Peter Duncan, its Secretary. Appeal of Janis DUNN, et al.

United States Court of Appeals, Third Circuit.

Decided October 21, 1985.

Rehearing and Rehearing Denied December 16, 1985.

Attorney(s) appearing for the Case

J. Jerome Mansmann, Robert Cindrich (argued), Mansmann Cindrich & Huber, Pittsburgh, Pa., for appellants.

J. Alan Johnson, U.S. Atty., Anthony M. Mariani, Asst. U.S. Atty., Pittsburgh, Pa., F. Henry Habicht II, Asst. Atty. Gen., Dirk K. Snel, David W. Zugschwerdt, Margaret A. Hill (argued), Attys., Dept. of Justice, Washington, D.C., for appellees.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 16, 1985.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Janis Dunn and others, the named plaintiffs in a class action against several federal agencies, appeal from an order dismissing their petition for the award of counsel fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), for lack of jurisdiction. The petition was filed in a case in which a consent judgment was entered on May...

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