George Shultz, Secretary of State v. James D. Crowley

In a class action against the State Department, Crowley, et al., prevailed on their claim that the Department had improperly abolished certain positions. They now seek attorney fees under the Equal Access to Justice Act (the “Act”), 28 U.S.C. § 2412 (1982 & 1985 Supp.).1 The effective date of the Act is October 1, 1981, and our decision in Nichols v. Pierce, 740 F.2d 1249 (D.C.Cir.1984), prohibits attorney fee awards under the Act if the only matters “pending” on October 1, 1981 relate solely to attorney fees. Thus this case turns on whether the case was “pending” with respect to any matters…