Legal Opinion

In Re Stephen C. Perry

Court of Appeals for the First Circuit

Decided August 3, 1989No. 88-1475PublishedCited by 43 opinions

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…

2Cases cited47 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  3. United States v. TurketteSupreme Court of the United States · 1981
  4. Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
  5. Sullivan v. HudsonSupreme Court of the United States · 1989

42 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. United States v. Richard A. HornCourt of Appeals for the First Circuit · 1994
  2. Bennett v. City of HolyokeCourt of Appeals for the First Circuit · 2004
  3. Michael E. Hubbard v. Administrator, Environmental Protection Agency, Michael E. Hubbard v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1992
  4. Frances GUGLIETTI, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppellantCourt of Appeals for the First Circuit · 1990
  5. Coleman v. EspyCourt of Appeals for the Eighth Circuit · 1993

38 more not listed; retrieve them via the Exa API.

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