Johnson v. United States Department of Housing & Urban Development

McMILLIAN, Circuit Judge.

This matter is before the court upon plaintiffs’ motion for attorney’s fees in connection with their successful appeal in Johnson v. HUD, 911 F.2d 1302 (8th Cir.1990), rev’g 724 F.Supp. 1257 (E.D.Mo.1989). Plaintiffs seek attorney’s fees from the federal defendants under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1), and from the private defendants under the common, or substantial, benefit exception to the American Rule. For the reasons discussed below, we deny plaintiffs’ motion for attorney’s fees on appeal.

*588In Johnson v. HUD this court held that the…