United States Tenth Circuit

In an underlying action arising out of a telemarketers' alleged deceptive and misleading business practices, denial of attorney fees to defendants pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. section 2412(b), is affirmed, however award to defendants for costs related to the letter of credit is reversed.

Appellate Information

• Decided 09/29/2006
• Published 09/29/2006

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, EBEL, Circuit Judge, and CASSELL, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Andrew W. Lester, Lester, Loving & Davies, P.C., Edmond, OK (Gregory J. Kerwin, Gibson, Dunn & Crutcher LLP, Denver, CO, and Susan B. Loving, Lester, Loving & Davies, P.C., Edmond, OK, with him on the briefs), for Defendants-Appellants/Cross-Appellees., Michele Arington, Attorney (William Blumenthal, General Counsel, John F. Daly, Deputy General Counsel, and Gary L. Ivens, Of Counsel, with her on the briefs), Federal Trade Commission, Washington, DC, for Plaintiff-Appellee/Cross-Appellant.