NATIONAL ASS'N OF MFRS. v. DEPARTMENT OF LABOR

No. 97-5157.

159 F.3d 597 (1998)

NATIONAL ASSOCIATION OF MANUFACTURERS, Appellee, v. DEPARTMENT OF LABOR, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 3, 1998.


Attorney(s) appearing for the Case

Katherine S. Gruenheck, Attorney, U.S. Department of Justice, argued the cause for appellant. On the briefs were Frank W. Hunger, Assistant Attorney General, Mary Lou Leary, U.S. Attorney at the time the briefs were filed, and Michael Jay Singer, Attorney, U.S. Department of Justice.

Behnam Dayanim argued the cause for appellee. With him on the brief was Hamilton Loeb.

Before: WILLIAMS, HENDERSON and GARLAND, Circuit Judges.


GARLAND, Circuit Judge:

The United States Department of Labor ("DOL") appeals from an award of attorneys' fees to the National Association of Manufacturers ("NAM") under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A). If NAM were considered as a separate entity, it would unquestionably be eligible for an EAJA award. Some of its members, however, would not be. DOL's principal contention is that a trade association suing on behalf of its members...

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