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WILKETT v. I.C.C.

No. 82-1373.

844 F.2d 867 (1988)

James WILKETT d/b/a Wilkett Trucking Co., Petitioner, v. INTERSTATE COMMERCE COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

April 22, 1988.

Attorney(s) appearing for the Case

John J. McMackin, Jr., and June E. Edmondson, Washington, D.C., were on the motion for attorney fees and expenses.

Michael Martin, Atty., Colleen J. Bombardier, Atty., Lawrence H. Richmond, Deputy Associate General Counsel, Henri F. Rush, Associate General Counsel, John Broadley, General Counsel, I.C.C., William F. Baxter, Charles F. Rule, Asst. Attys. Gen., Robert B. Nicholson, and Laura Heiser, Attys., Dept. of Justice, Washington, D.C., were on responses to motion for attorney fees and expenses.

Before EDWARDS and RUTH BADER GINSBURG, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

James Wilkett seeks an award of attorney fees and expenses under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (1982 & Supp. III 1985), as the prevailing party in a case against the Interstate Commerce Commission ("ICC"). See Wilkett v. ICC, 710 F.2d 861 (D.C.Cir.1983). The disposition of this case has...

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