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S.E.C. v. KLUESNER

No. 87-5031.

834 F.2d 1438 (1987)

SECURITIES AND EXCHANGE COMMISSION, Appellant, v. Virgil A. KLUESNER, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 15, 1987.

Rehearing and Rehearing Denied February 19, 1988.

Attorney(s) appearing for the Case

Michael D. Donovan, Washington, D.C., for appellant.

Robert Hennessey, Bloomington, Minn., for appellee.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and MAGILL, Circuit Judge.

Rehearing and Rehearing En Banc Denied February 19, 1988.

LAY, Chief Judge.

The Securities and Exchange Commission (SEC) appeals the district court's1 award of Kluesner's attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (EAJA). For reversal, the SEC asserts: (1) that the district court's decision was an abuse of discretion and should be reviewed de novo; (2...

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