ST. LOUIS FUEL AND SUPPLY CO., INC. v. F.E.R.C.

No. 88-5399.

890 F.2d 446 (1989)

ST. LOUIS FUEL AND SUPPLY COMPANY, INC., et al., Appellants, v. FEDERAL ENERGY REGULATORY COMMISSION, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided November 21, 1989.


Attorney(s) appearing for the Case

Robert A. Jaffee, with whom William H. Bode, Washington, D.C., and John T. Hull, Rockville, Md., were on the brief, for appellants.

Jacob M. Lewis, Atty., Dept. of Justice, with whom Jay B. Stephens, U.S. Atty., William Kanter, Atty., Dept. of Justice, Washington, D.C., and Catherine Cook, Gen. Counsel, F.E.R.C., were on the brief for appellees. R. Craig Lawrence and Nathan Dodell, Asst. U.S. Attys., Washington, D.C., also entered appearances for appellees.

Before WALD, Chief Judge, RUTH BADER GINSBURG and SILBERMAN, Circuit Judges.


Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

This appeal concerns the bounds of Congress' provision for awards of costs and attorneys' fees under the Equal Access to Justice Act, 5 U.S.C. § 504 (EAJA). Appellants St. Louis Fuel Supply Company and Diesel Fuel Service (the Companies) had entered into a consent order with the Department of Energy (DOE) settling the Companies' challenge to a DOE price...

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