Court of Appeals for the Fifth Circuit July 9, 1984, No. 83-3292 (Knights of Ku Klux Klan v. East Baton Rouge Parish School Board)

PATRICK E. HIGGINBOTHAM, Circuit jU(jge.

The United States Department of Health and Human Services, formerly HEW, apPeals an attorney’s fee award under the Equal Access to Justice Act, 28 U.S.C. § 2412 et seq., in favor of the Ku Klux Klan- The government argues that contrary to 28 U.S.C. § 2412(d) attorney fees were awarded without regard to the substantiality of its legal position.