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McDONALD v. WASHINGTON

Nos. 92-5188, 92-5189, 92-5209 and 92-5232.

15 F.3d 1126 (1994)

James Angus McDONALD, et al., Appellees/Cross-Appellants, v. Robert WASHINGTON, Ph.D., et al., United States of America, et al., Appellants/Cross-Appellees. Alma STREICHER, et al., Appellees/Cross-Appellants, v. Robert WASHINGTON, Ph.D., et al., United States of America, et al., Appellants/Cross-Appellees. Alma STREICHER, et al., Appellants/Cross-Appellees, v. Robert WASHINGTON, Ph.D., et al., United States of America, et al., Appellees/Cross-Appellants. James Angus McDONALD, et al., Appellants/Cross-Appellees, v. Robert WASHINGTON, Ph.D., et al., United States of America, et al., Appellees/Cross-Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 15, 1994.

Attorney(s) appearing for the Case

Mark Nebeker, Asst. U.S. Atty., Washington, DC, argued the cause for appellants/cross-appellees. With him on the briefs were J. Ramsey Johnson, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., Washington, DC. Leonard S. Rubenstein, Washington, DC, entered an appearance for appellant/cross-appellee Alma Streicher in Numbers 92-5209 and 92-5232.

Albert W. Turnbull, Washington, DC, argued the cause for appellees/cross-appellants. With him on the briefs was John C. Keeney, Jr. Leonard S. Rubenstein, Washington, DC, entered an appearance for appellee/cross-appellant Alma Streicher, et al., in Numbers 92-5188 and 92-5189.

Before: MIKVA, Chief Judge, WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

The federal government challenges an award under the Equal Access to Justice Act ("EAJA") for legal services rendered to plaintiffs in civil commitment hearings before the D.C. Superior Court. Finding no causal connection between the incurrence of the fees and the position that the United States took without substantial justification, we reverse the judgment of the district...

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