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WYOMING WILDLIFE FEDERATION v. UNITED STATES

No. 84-2231.

792 F.2d 981 (1986)

WYOMING WILDLIFE FEDERATION, a Wyoming Non-profit Corporation, and National Wildlife Federation, a District of Columbia Non-profit Corporation, Plaintiffs-Appellees, v. UNITED STATES of America, via Craig Rupp, Regional Forester, United States Forest Service, in his official capacity, Defendants-Appellants, City of Cheyenne Board of Public Utilities, an agency of the City of Cheyenne, Defendant.

United States Court of Appeals, Tenth Circuit.

June 3, 1986.

Attorney(s) appearing for the Case

Mark R. Haag, Washington, D.C. (Patricia A. McCoy, Washington, D.C., and Thomas D. Lustig, National Wildlife Foundation, Boulder, Colo., were on briefs), for plaintiffs-appellees.

John A. Bryson, Atty., Dept. of Justice, Washington, D.C., (F. Henry Habicht II, Asst. Atty. Gen., and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D.C., were also on brief), for defendants-appellants.

Before HOLLOWAY, Chief Judge, TIMBERS, Senior Circuit Judge, and BALDOCK, Circuit Judge.

HOLLOWAY, Chief Judge.

This is an appeal from an order of the United States District Court for the District of Wyoming awarding attorneys' fees to plaintiffs, the Wyoming Wildlife Federation and the National Wildlife Federation, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. We affirm.

I.

The Factual Background

The litigation underlying the award of attorneys' fees that is the subject of this appeal arose when the...

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