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AMERICAN HOSP. ASS'N v. SULLIVAN

Nos. 90-5259, 90-5301, 90-5327.

938 F.2d 216 (1991)

AMERICAN HOSPITAL ASSOCIATION, an Illinois Non-Stock Corporation, Individually and on Behalf of its Members, et al., v. Louis W. SULLIVAN, in his Capacity as Secretary, United States Department of Health and Human Services, et al., Appellants. AMERICAN HOSPITAL ASSOCIATION, an Illinois Non-Stock Corporation, Individually and on Behalf of its Members, et al., v. Louis W. SULLIVAN, in his Official Capacity as Secretary, United States Department of Health and Human Services, et al., Appellants. AMERICAN HOSPITAL ASSOCIATION, an Illinois Non-Stock Corporation, Individually and on Behalf of its Members, et al., v. Louis W. SULLIVAN, M.D., in his Official Capacity as Secretary, United States Department of Health and Human Services, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 1991.

Attorney(s) appearing for the Case

Frank A. Rosenfeld, Attorney, Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., and Anthony J. Steinmeyer, Attorney, Dept. of Justice, were on the brief, Washington, D.C., for appellants. Jeffrey Clair, Attorney, Dept. of Justice, also entered an appearance, Washington, D.C., for appellants.

Gregory M. Luce, Washington, D.C., for appellees.

Before EDWARDS, D.H. GINSBURG, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Dissenting Opinion filed by Circuit Judge D.H. GINSBURG.

SENTELLE, Circuit Judge:

Appellant Secretary of Health and Human Services ("the Secretary" or "appellant") appeals from two District Court orders allowing attorneys' fees against the Secretary under 28 U.S.C. § 2412(b) on findings that appellant acted in "bad faith." Because we hold that the...

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