Legal Opinion
Select Milk Producers, Inc. v. Johanns
Court of Appeals for the D.C. Circuit
Decided March 18, 2005No. 04-5145PublishedCited by 88 opinions
1Opinion of the Court
Opinion for the Court filed by Circuit Judge EDWARDS.
Dissenting opinion filed by Circuit Judge HENDERSON.
HARRY T. EDWARDS, Circuit Judge.
The Secretary of Agriculture (“Secretary”) appeals the District Court’s award of attorney’s fees and costs to several milk marketing cooperatives under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (2000). The underlying litigation involved a dispute between' the cooperatives and the Secretary over the price of Class III butterfat. The Secretary argues that the District Court erred in concluding that the milk cooperatives were “prevailing…
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