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LEE v. JOHNSON

Nos. 85-3321, 85-3339.

799 F.2d 31 (1986)

Makana LEE and Ft. Steuben Co., Inc., Appellants in No. 85-3339, v. J. Alan JOHNSON, United States Attorney for the Western District of Pennsylvania, and William von Raab, Commissioner, United States Customs Service, Appellants in No. 85-3321.

United States Court of Appeals, Third Circuit.

Decided August 7, 1986.

Rehearing and Rehearing Denied September 22, 1986.

Attorney(s) appearing for the Case

J. Alan Johnson, U.S. Atty., Paul J. Brysh (Argued), Anthony M. Mariani, Asst. U.S. Attys., Pittsburgh, Pa., for U.S.

W. Thomas McGough, Jr. (Argued), John G. Ferreira, Reed Smith Shaw & McClay, Pittsburgh, Pa., for Makana Lee and Ft. Steuben Co., Inc.

Before GIBBONS, BECKER and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc Denied in No. 85-3339 September 22, 1986.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

J. Alan Johnson, United States Attorney for the Western District of Pennsylvania, and William Von Raab, Commissioner of the United States Customs Service, appeal from an order awarding counsel fees, costs, and expenses against the United States pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (1982). They contend...

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