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AUTOR v. PRITZKER

No. 16-5037.

843 F.3d 994 (2016)

Erik O. AUTOR, et al., Appellants v. Penny Sue PRITZKER, in her official capacity as Secretary of Commerce, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 2016.

Attorney(s) appearing for the Case

E. Brantley Webb , Washington, DC, argued the cause for appellants. With her on the brief was Charles A. Rothfeld , Washington, DC.

Sydney A. Foster , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Michael S. Raab and Charles W. Scarborough , Attorneys.

Before: Henderson and Rogers, Circuit Judges, and Ginsburg, Senior Circuit Judge.

This appeal from the denial of attorneys' fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, presents the question whether appellants' prior appeal effectively secured them prevailing party status.

Appellants filed suit challenging the federal policy...

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