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REICH v. WALTER W. KING PLUMBING & HEATING

No. 95-2603.

98 F.3d 147 (1996)

Robert B. REICH, Secretary of Labor, Plaintiff-Appellant, v. WALTER W. KING PLUMBING & HEATING CONTRACTOR, INCORPORATED, Defendant-Appellee, and Walter W. King; Evelyn R. King; Walter W. King Plumbing & Heating Contractor, Incorporated Money Purchase Pension Plan; Walter W. King Plumbing & Heating Contractor, Incorporated Profit Sharing Plan; Walter W. King Plumbing & Heating Contractor, Incorporated Benefit Trust; Lynn Martin, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided October 11, 1996.

Attorney(s) appearing for the Case

ARGUED: Elizabeth Hopkins, United States Department of Labor, Washington, D.C., for Appellant. James Allan Rothschild, Anderson, Coe & King, Baltimore, Maryland, for Appellee. ON BRIEF: Thomas S. Williamson, Jr., Solicitor of Labor, Allen H. Feldman, Associate Solicitor for Special Appellate and Supreme Court Litigation, Nathaniel I. Spiller, Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C., for Appellant. E. Scott Conover, Anderson, Coe & King, Baltimore, Maryland, for Appellee.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

Affirmed by published opinion. Judge RUSSELL wrote the majority opinion, in which Judge WIDENER joined. Judge HALL wrote a dissenting opinion.

OPINION

DONALD S. RUSSELL, Circuit Judge:

The Secretary of Labor (the "Secretary") appeals an award of attorneys' fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A), arising out of an action brought by the Secretary against Walter...

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