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ZAPON v. U.S. DEPT. OF JUSTICE

No. 93-56189.

53 F.3d 283 (1995)

Evelyn Victoria ZAPON, et al., Plaintiffs-Appellants, v. U.S. DEPARTMENT OF JUSTICE; Immigration and Naturalization Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 1, 1995.

Attorney(s) appearing for the Case

Ana Maria Herrera-Murray, Pasadena, CA, for plaintiffs-appellants.

John B. Bartos, Asst. U.S. Atty., Los Angeles, CA, for defendants-appellees.

Before: BRUNETTI and KOZINSKI, Circuit Judges, and SHADUR, Senior District Judge.

SHADUR, Senior District Judge.

Four members of the Zapon family — a husband and wife and their two elder children (collectively "Zapons") appeal the denial of their application for an award of attorney's fees against the United States under the Equal Access to Justice Act ("EAJA," 28 U.S.C. § 2412(d)(1)(A)). EAJA is not an automatic fee-shifting statute in favor of litigants who prevail against the government. Instead Section 2412(d)(1)(A) says that such...

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