Pearlstine, Jules and Pearlstine, Eileen, His Wife v. The United States of America and United States Postal Service

OPINION OF THE COURT

This is an appeal from a district court order denying plaintiffs’ motion, filed pursuant to Fed.R.Civ.P. 54(d), for costs and expenses incurred while seeking to enforce a lease agreement against the United States Postal Service. 1 In order to resolve the controversy, we are called upon to address the following questions: First, whether attorney’s fees are recoverable against the United States and the United States Postal Service in instances alleging vexatious litigation and bad faith; second, whether the district court abused its discretion in denying plaintiffs’ motion…