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BROWN v. SECRETARY OF ARMY

Nos. 95-5026, 95-5048.

86 F.3d 225 (1996)

James BROWN, Appellee/Cross-Appellant, v. SECRETARY OF the ARMY, Appellant/Cross-Appellee.

United States Court of Appeals, District of Columbia Circuit.

June 14, 1996.

Attorney(s) appearing for the Case

Roger E. Warin, Shannen W. Coffin, and Joseph M. Sellers, Washington, DC, filed a petition for rehearing on behalf of appellee James Brown.

Eric H. Holder, Jr., United States Attorney, and R. Craig Lawrence and Daniel F. Van Horn, Assistant United States Attorneys, Washington, DC, filed a response to the petition for rehearing on behalf of appellant Secretary of the Army.

Before: EDWARDS, Chief Judge, GINSBURG and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

In his petition for rehearing, Brown argues that our prior decision in this case, in which we held that the provision of the 1991 Civil Rights Act that waives sovereign immunity from interest on attorney's fees is not to be applied retroactively, see 78 F.3d 645 (D.C.Cir.1996), is inconsistent with the Supreme Court's decision in Irwin...

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