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MASS. UNION OF PUBLIC HOUSING TENANTS v. PIERCE

No. 84-5152.

755 F.2d 177 (1985)

MASSACHUSETTS UNION OF PUBLIC HOUSING TENANTS, INC., et al., Appellants, v. Samuel R. PIERCE, in His Official Capacity as Secretary of the Department of Housing and Urban Development, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 1, 1985.

Attorney(s) appearing for the Case

Steven Ferrey, Boston, Mass., with whom Michael B. Trister, Washington, D.C., was on the brief, for appellants. Lynn E. Cunningham, Washington, D.C., entered an appearance for appellants.

Al J. Daniel, Atty., Dept. of Justice, Washington, D.C., with whom Richard K. Willard, Acting Asst. Atty. Gen., Joseph E. diGenova, U.S. Atty., William Kanter, Atty., Dept. of Justice, and Gershon M. Ratner, Associate Gen. Counsel, Dept. of Housing and Urban Development, Washington, D.C., were on the brief, for appellees.

Before WRIGHT, MIKVA and SCALIA, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

This case involves a straightforward statutory interpretation question regarding the meaning of 28 U.S.C. § 2412(d)(1)(B) (1982), the provision in the Equal Access to Justice Act (EAJA) that requires that applications for attorney's fees under Section 2412(d) be filed "within thirty days of final judgment in the action."1 The question presented is whether this provision requires such applications...

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