ESTATE OF SMITH v. O'HALLORAN

No. 90-1105.

930 F.2d 1496 (1991)

In re the ESTATE OF Michael Patrick SMITH and Carolyn Finnell, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, and People of the State of Colorado, ex rel., J.D. MacFarlane; Attorney General for the State of Colorado; Colorado Department of Health; Colorado Board of Health; Colorado Department of Social Services; Colorado Board of Social Services, Plaintiffs-Intervenors, v. Thomas J. O'HALLORAN, doing business as Heritage House Nursing Care Center, individually and in his capacity as Administrator of Heritage House Associates; Heritage House Associates, a limited partnership, doing business as Heritage House Nursing Care Center; Oscar Gross; H. Sol Ceronsky, Jack D. Feuer; M.J. Beitscher; Harry Berman; Bernard Ceronsky; Louis L. Fox; Howard D. Greyber; Martin Gross; Solomon Gross; Arnold Heller, M.D.; Barry B. Melnick; Manuel Nash; Henry G. Foley, in his capacity as Executive Director of the Colorado Department of Social Services; Thomas J. Gillgannon, in his capacity as Acting Director of the Medical Assistance Division of the Colorado Department of Social Services; Margaret Marshall; Warren A. Woalaver; Manuel M. Diaz; John H. Fowler; Joanna Paterson; Thomas C. Hickman; Gilbert R. Slade; James H. Vincent, in their official capacity as constituting the Colorado Board of Social Services; Edward Dreyfus, M.D., in his capacity as Director of the Colorado Department of Health; William M. Covode; Robert R. Sabin; Warren A. Broaderson; John Eeliff, M.D.; J.W. Kriss, D.D.S.; Ruth M. Wright; Richard Bluestein; Charles Mitchell; Margaret D. Lewis, in their official capacity as constituting the Colorado Board of Health, Defendants, Louis Sullivan, M.D., in his capacity as Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 2, 1991.


Attorney(s) appearing for the Case

Edwin S. Kahn (Terre Lee Rushton and Christine L. Murphy with him on the briefs), Denver, Colo., for plaintiffs-appellants and plaintiffs-intervenors.

John F. Daly (Stuart M. Gerson, Asst. Atty. Gen., Michael J. Norton, U.S. Atty., Michael Jay Singer with him on the brief), Washington, D.C., for defendant-appellee.

Before ANDERSON, BARRETT and McWILLIAMS, Circuit Judges.


BARRETT, Senior Circuit Judge.

Plaintiffs-appellants seek review of three orders of the district court denying in part and granting in part their request for attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §§ 2412(b) and (d)(1)(A)1 and the Civil Rights Attorney's Fees Awards Act, 42 U.S.C. § 1988.2 A summary of the lengthy litigative...

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