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SWANEY v. SECRETARY, U.S. DEPT. OF EDUC.

Civ. A. No. 86-105-CMW.

664 F.Supp. 172 (1987)

David E. SWANEY, Plaintiff, v. SECRETARY, UNITED STATES DEPT. OF EDUCATION and Richard A. Hastings, Director of Debt Collection & Management Assistance Service individually and in their official capacities, Defendants.

United States District Court, D. Delaware.

July 7, 1987.

Attorney(s) appearing for the Case

John X. Denney, Jr. and O. Randolph Bragg, UAW Legal Services Plan, Newark, Del., for plaintiff.

William C. Carpenter, Jr., U.S. Atty., and Charlene D. Davis, Asst. U.S. Atty., Wilmington, Del., for defendants; Robert K. Coulter, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., of counsel.

OPINION

CALEB M. WRIGHT, Senior District Judge.

This case of first impression concerns an award of attorneys' fees under the Equal Access to Justice Act, 28 U.S.C. § 2415(a) (1982). The fees are requested for an action to enjoin the government from intercepting the tax refund of a student who allegedly defaulted on a government guaranteed loan. Such intercepts are authorized by the recently enacted Deficit Reduction Act of 1984, 31 U.S.C. § 3720A...

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