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CAZARES v. BARBER

No. 90-16423.

959 F.2d 753 (1992)

Elisa CAZARES, Plaintiff-Appellee, v. James BARBER, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 11, 1992.

Attorney(s) appearing for the Case

E. Roy Hawkens, U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

John Harris, Papago Legal Services, Inc., Sells, Ariz., for plaintiff-appellee.

Before: FLETCHER, WIGGINS and KOZINSKI, Circuit Judges.

WIGGINS, Circuit Judge:

The government appeals the district court's granting of attorneys' fees to plaintiff/appellee in excess of the statutory cap of $75 per hour under the Equal Access to Justice Act.1 We affirm the grant on the basis of bad faith on the part of the government.

Under 28 U.S.C. section 2412(b), a court, in the absence of a prohibiting statute, may grant attorneys' fees to a prevailing party against the United...

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