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MORGAN v. PERRY

No. 96-3314.

142 F.3d 670 (1998)

Terence D. MORGAN, Appellant v. William PERRY, in his capacity as Secretary of Defense; John Dalton, in his capacity as Secretary of the Navy; General C.E. Mundy, in his capacity as Commandant of the Marine Corps; Brigadier General J.W. Climp, in his capacity as Commanding General, Marine Corps Recruit Depot, Eastern Recruiting Region, Parris Island.

United States Court of Appeals, Third Circuit.

Decided April 27, 1998.

As Amended May 5, 1998.

Attorney(s) appearing for the Case

James B. Lieber (Argued), M. Jean Clickner, Lieber & Hammer, P.C., Pittsburgh, PA, for Appellant.

Frederick W. Thieman, United States Attorney, Bonnie R. Schlueter, Assistant U.S. Attorney, Albert W. Schollaert (Argued), Assistant U.S. Attorney, Pittsburgh, PA, for Appellees.

Samuel J. Cordes, Michael A. Murphy, Ogg, Jones, Cordes & Igenlzi, LLP, Pittsburgh, PA, for Amicus, The Allegheny County Bar Association.

Jon Pushinsky, Pittsburgh, PA, Witold J. Walczak, American Civil Liberties Union, Greater Pittsburgh Chapter, Pittsburgh, PA, for Amicus, The American Civil Liberties Union of PA.

Before: MANSMANN and McKEE, Circuit Judges, and VANARTSDALEN, Senior District Judge.

OPINION OF THE COURT

McKEE, Circuit Judge.

We are asked to determine whether the district court abused its discretion in denying attorney's fees and costs to a "prevailing party" under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. Terence D. Morgan, a former Master Sergeant in the United States Marine Corps, filed a civil action seeking declaratory and injunctive relief against the defendants for alleged violations of his constitutional...

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