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NATIONAL TRUCK EQUIP. v. NAT. HWY. SAFETY ADMIN.

No. 89-3713.

972 F.2d 669 (1992)

NATIONAL TRUCK EQUIPMENT ASSOCIATION, Petitioner, v. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, United States Department of Transportation, and the United States of America, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided August 6, 1992.

Attorney(s) appearing for the Case

Mark M. Levin, Kimberly Madigan, Christopher Eric Hagerup, Irving P. Margulies (argued) and Mark H. Sidman (briefed), Weiner, McCaffrey, Brodsky & Kaplan, Washington, D.C., for petitioner.

Stephen P. Wood, Enid Rubenstein (argued and briefed), Kenneth N. Weinstein, Nat. Highway Traffic Safety Admin.; Freddi Lipstein, U.S. Dept. of Justice, Civ. Div. Appellate Staff; and Richard L. Thornburgh, Atty. Gen., U.S. Dept. of Justice, Antitrust Div., Washington, D.C., for respondents.

Before: MERRITT, Chief Judge; MARTIN and GUY, Circuit Judges.

MERRITT, Chief Judge.

Petitioner, an organization that prevailed in judicial review of federal administrative rulemaking, seeks attorney fees and costs under the Equal Access to Justice Act [hereinafter "EAJA"]. We must resolve whether fees and costs may be appropriately awarded to an organization with numerous corporate members whose assets and employees, if aggregated, would exceed the EAJA's purpose and limitations. This issue has been extensively briefed, and...

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