De ALLENDE v. BAKER

No. 89-1360.

891 F.2d 7 (1989)

Hortensia De ALLENDE, et al., Plaintiffs, Appellees, v. James BAKER, Secretary of State, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 5, 1989.


Attorney(s) appearing for the Case

Gregory C. Sisk, Seattle, Wash., with whom Michael Jay Singer, Attys., Appellate Staff Civ. Div., Dept. of Justice, Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D.C., and Wayne A. Budd, U.S. Atty., Boston, Mass., were on brief for defendants, appellants.

Leonard B. Boudin, with whom Edward Copeland, New York City, and Allan R. Rosenberg, Boston, Mass., were on brief for plaintiffs, appellees.

Before TORRUELLA, SELYA and MAYER, Circuit Judges.


TORRUELLA, Circuit Judge.

This is an appeal from the decision of the United States District Court for the District of Massachusetts awarding attorney's fees under 28 U.S.C. § 2412(d), and from its decision to enhance the hourly rate of plaintiffs' counsel beyond that otherwise permitted by the Act.

The Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), imposes liability upon the government for fees and expenses incurred in litigation, but...

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