United States Sixth Circuit

The fact that only one count among many is frivolous or not frivolous is not determinative as to whether a movant is a "party" entitled to seek reimbursement for attorneys' fees and costs under the Hyde Amendment. Remanded for determination of case as an inclusive whole under the proper legal standard.

Appellate Information

• Decided 06/03/2003
• Published 06/03/2003

Judges

• Before:  KENNEDY, SILER, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Candace G. Hill (briefed), Assistant United States Attorneys, Louisville, KY, Terry M. Cushing (argued and briefed), Assistant United States Attorney, Louisville, KY, for Plaintiff-Appellant., Donald M. Heavrin, Heavrin & Associates, Louisville, KY, for pro se.


• For Appellees:
  
• Harley N. Blankenship (argued and briefed), Louisville, KY, for Defendant-Appellee.