Federal Election Commission v. Congressman Charles G. Rose

STARR, Circuit Judge:

In this interlocutory appeal, the Federal Election Commission challenges the District Court’s determination that the Commission is liable to Congressman Charles G. Rose under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (1982 & Supp. III 1985), for litigation costs and attorney’s fees incurred in a suit to compel agency action. The suit was brought to require action on the Congressman’s administrative complaint charging violations of the Federal Election Campaign Act. We conclude that, under the standards governing EAJA fee awards, the District Court erred…