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FEDERAL ELECTION COM'N v. ROSE

No. 85-1455.

806 F.2d 1081 (1986)

FEDERAL ELECTION COMMISSION, et al., Appellants, v. Congressman Charles G. ROSE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 2, 1986.

As Amended December 2, 1986.

Attorney(s) appearing for the Case

Richard B. Bader, Asst. Gen. Counsel, Federal Election Com'n, with whom Charles N. Steele, General Counsel and David I. Futter, Attorney, Federal Election Com'n Washington, D.C., were on the brief, for appellants. Carol A. Laham, Atty., Federal Election Com'n, Washington, D.C., also entered an appearance, for appellants.

William C. Oldaker, with whom Jane M. Kramer and David H. Larry, Washington, D.C., were on the brief, for appellee.

Before EDWARDS, RUTH BADER GINSBURG and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

In this interlocutory appeal, the Federal Election Commission challenges the District Court's determination that the Commission is liable to Congressman Charles G. Rose under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (1982 & Supp. III 1985), for litigation costs and attorney's fees incurred in a suit to compel agency action. The suit was brought to require action...

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