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KOPUNEC v. NELSON

Nos. 84-2381, 84-2425.

801 F.2d 1226 (1986)

Stanislav KOPUNEC, etc., Plaintiff-Appellee, Cross-Appellant, v. Alan C. NELSON, etc., et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

September 22, 1986.

Attorney(s) appearing for the Case

Sally Hyde (Michael J. Peterson, on the brief), Bosworth & Slivka, P.C. and Robert G. Heiserman, Denver, Colo., for plaintiff-appellee, cross-appellant.

James W. Winchester (Robert N. Miller, U.S. Atty., with him, on the briefs), Asst. U.S. Atty., Denver, Colo., for defendants-appellants, cross-appellees.

Before HOLLOWAY, Chief Judge, BARRETT, Circuit Judge, and SAM, District Judge.

SAM, District Judge.

FACTS

The Immigration and Naturalization Service (referred to hereinafter as the INS) appeals the district court's award of attorney's fees and costs to Mr. Kopunec, a South African citizen who avoided immediate deportation by obtaining in district court a reversal of the INS's "automatic revocation" of his visa.

In 1979, Mr. Kopunec came with his family from South Africa to the United...

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