In Re Stephen C. Perry
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
Perched before us is a rara avis — an authentic case of first impression. Our efforts to classify this strange bird are hampered not only by the absence of direct precedents but also by the inexplicitness of the Equal Access to Justice Act (EAJA or Act), 28 U.S.C. § 2412 (1982 & Supp.V 1987).
The case took wing as an application for writ of mandamus to this court, whereby petitioners succeeded in annulling a gag order improvidently issued by an administrative law judge (ALJ). In re Perry, 859 F.2d 1043 (1st Cir.1988). Petitioners then moved under section 2412(d) of EAJA…
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