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EWING v. RODGERS

Nos. 86-1560, 86-1581.

826 F.2d 967 (1987)

Kent Patrick EWING, Petitioner-Appellee, v. George RODGERS, Warden, Federal Correctional Institute, Englewood, Colorado, Norman Carlson, Director, U.S. Bureau of Prisons, Victor M.S. Reyes, Commissioner, United States Parole Commission, William French Smith, Attorney General of United States, Respondents-Appellants. Daniel G. BENEDICT, Petitioner-Appellee, v. George RODGERS, Warden, Federal Correctional Institute, Englewood, Colorado, Norman Carlson, Director, U.S. Bureau of Prisons, Victor M.S. Reyes, Commissioner, United States Parole Commission, William French Smith, Attorney General of United States, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 11, 1987.

Attorney(s) appearing for the Case

Daniel J. Sears, Denver, Colo., for petitioners-appellees.

Beneva Weintraub, Dept. of Justice (Robert N. Miller, U.S. Atty., Dist. of Colo., and Douglas W. Curless, Asst. U.S. Atty., with her on the brief), for respondents-appellants.

Before LOGAN, SEYMOUR and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

This consolidated appeal arises from orders of the district court awarding attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A), to petitioners-appellees following successful habeas corpus proceedings. Respondents-appellants contend that the award of attorney's fees to petitioners was improper because the EAJA does not contemplate such an award in a habeas action arising from criminal confinement. We...

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