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ENGEL v. UNITED STATES

Civ. A. Nos. 75-51 Erie, 75-67 Erie.

448 F.Supp. 201 (1978)

Milton ENGEL and Elizabeth Engel, Plaintiffs, v. UNITED STATES of America, Defendant. Marien E. DURST et al., Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court, W. D. Pennsylvania.

March 31, 1978.

Attorney(s) appearing for the Case

John P. Leemhuis, Erie, Pa., for plaintiffs Engel.

William F. Illig, Erie, Pa., for plaintiffs Durst.

Gregory S. Hrebiniak, Trial Atty., Tax Div., U. S. Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OPINION

WEBER, Chief Judge.

Plaintiffs in both of the above-captioned cases brought in this court successful suits for tax refunds and now claim to be entitled to attorney's fees under the recent amendment to 42 U.S.C. § 1988 (Supp.1977), which provides as follows:

". . . [I]n any civil action or proceeding, by or on behalf of the United States of America, to enforce, or charging a violation...

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