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SHULTZ v. CROWLEY

No. 84-5667.

802 F.2d 498 (1986)

George SHULTZ, Secretary of State, et al., Appellants, v. James D. CROWLEY, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 18, 1986.

Rehearing Denied December 12, 1986.

Attorney(s) appearing for the Case

John Oliver Birch, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence and Michael J. Ryan, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellants.

Lawrence Speiser, with whom John P. Racin, Washington, D.C., was on the brief, for appellees.

Before BORK and SCALIA, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion of the Court filed by Circuit Judge SCALIA.

Dissenting Opinion filed by Senior Circuit Judge MacKINNON.

SCALIA, Circuit Judge:

The government appeals an order awarding appellees attorney's fees under § 204 of the Equal Access to Justice Act ("EAJA"), Pub.L. No. 96-481, 94 Stat. 2321, 2325, 2327 (1980), amended by Act of August 5, 1985, Pub.L. No. 99-80, 99 Stat. 183, 184-87 (current version at 28 U.S.C.A. § 2412 (West Supp.1986))...

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