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BERGMAN v. U.S.

No. 87-1009.

844 F.2d 353 (1988)

Walter BERGMAN and James T. Drummond, as Personal Representative of the Estate of Frances Bergman, Plaintiffs-Appellants, v. UNITED STATES of America; Barrett G. Kemp, individually and as a former employee of the Federal Bureau of Investigation; four unknown agents of the Federal Bureau of Investigation; and Thomas J. Jenkins, individually and as a former employee of the Federal Bureau of Investigation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 18, 1988.

Rehearing and Rehearing Denied June 2, 1988.

Attorney(s) appearing for the Case

Mark Granzotto (argued), Deborah LaBelle, Elizabeth Gleicher, William H. Goodman, Detroit, Mich., for plaintiffs-appellants.

John A. Smietanka, U.S. Atty., Grand Rapids, Mich., R. Joseph Sher, Washington, D.C., Nicki L. Koutsis, Thomas M. Bondy (argued), Mark W. Pennak, Barbara L. Herwig, Dept. of Justice, Civ. Div., Washington, D.C., for defendants-appellees.

Before MERRITT, KENNEDY, and KRUPANSKY, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 2, 1988.

CORNELIA G. KENNEDY, Circuit Judge.

Plaintiffs-appellants Walter Bergman and James T. Drummond1 appeal the judgment of the District Court denying their claim for attorneys' fees against defendant-appellee the United States in this action under the Federal Tort Claims Act, 28 U.S.C. § 2671 ("FTCA"). The plaintiffs assert that they are entitled to fees under the Equal Access...

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