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BUSINESS & PROF. PEOPLE v. NUCLEAR REG. COM'N

No. 85-1441.

793 F.2d 1366 (1986)

BUSINESS AND PROFESSIONAL PEOPLE FOR the PUBLIC INTEREST, Petitioner, v. NUCLEAR REGULATORY COMMISSION and the United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 1986.

As Amended June 27, 1986.

Attorney(s) appearing for the Case

John R. Hammell, with whom Robert J. Vollen and Alexander Polikoff, Chicago, Ill., were on brief, for petitioner.

Carole F. Kagan, Atty., Nuclear Regulatory Com'n, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice and William H. Briggs, Jr., Sol., Nuclear Regulatory Com'n, Washington, D.C., were on brief, for respondents.

Before BORK and SCALIA, Circuit Judges, and GESELL, District Judge.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

Business and Professional People for the Public Interest ("BPI"), a not-for-profit corporation, petitions for review of an order entered by the Nuclear Regulatory Commission denying its application for fees and expenses under the Equal Access to Justice Act, 5 U.S.C. § 504 (1982) ("EAJA"). BPI had intervened in an NRC licensing proceeding relating to the Northern Indiana Public Service...

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