Legal Opinion

In Re Sealed Case

Court of Appeals for the D.C. Circuit

Decided November 21, 1989No. Division Misc. 3PublishedCited by 74 opinions

(Division for the Purpose of Appointing Independent Counsels Ethics in Government Act of 1978, as Amended).

1Per curiam

A government official covered by the Ethics in Government Act was the subject of an Independent Counsel investigation following which “no indictment [was] brought.” The subject of the investigation (hereafter “applicant”) now applies to the court, pursuant to the Independent Counsel Reauthorization Act of 1987, 28 U.S.C. § 591 et seq. (hereafter the “Act”), for an award of $69,316.24 in attorneys’ fees and costs incurred during the investigation. The court approves an award of $58,005.25.

1. The “But For” Requirement.

All requests for attorneys’ fees under the Act must satisfy the “but for”…

2Cases cited4 opinions

  1. Missouri v. Jenkins Ex Rel. AgyeiSupreme Court of the United States · 1989
  2. In Re Theodore B. OLSONCourt of Appeals for the D.C. Circuit · 1989
  3. In Re Raymond J. DonovanCourt of Appeals for the D.C. Circuit · 1989
  4. In Re Hamilton JordanCourt of Appeals for the D.C. Circuit · 1984

3Cited by74 opinions

  1. Role Models Amer Inc v. White, ThomasCourt of Appeals for the D.C. Circuit · 2004
  2. In Re Oliver L. North (Dutton Fee Application)Court of Appeals for the D.C. Circuit · 1993
  3. In Re Edwin Meese IIICourt of Appeals for the D.C. Circuit · 1990
  4. In Re Oliver L. North (Shultz Fee Application)Court of Appeals for the D.C. Circuit · 1993
  5. In Re Franklyn C. NOFZIGERCourt of Appeals for the D.C. Circuit · 1991

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