Jerry and Patricia A. Dixon, et al. - Page 27

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          Equal Access to Justice Act:  Court Awards of Attorney’s Fees for           
          Unreasonable Government Conduct (Part One),” 55 La. L. Rev. 217,            
          343 (1994); see, e.g., Grason Elec. Co. v. NLRB, 951 F.2d 1100              
          (9th Cir. 1991) (real parties in interest in EAJA case included             
          all 48 members of multiemployer collective bargaining association           
          who financed the litigation, not just the 6 members who were                
          parties to the litigation).  The case for looking beyond the                
          named parties is particularly compelling in these proceedings,              
          where similarly situated taxpayers not only shared the costs of             
          the litigation but also “had rights at stake in the case on the             
          merits”.  Sisk, supra at 346 (arguing that one can be a real                
          party in interest with respect to an EAJA fee request--and                  
          thereby potentially entitled to recover the requested fees--only            
          by virtue of one’s status as a real party in interest in the                
          underlying litigation on the merits; i.e., that financial                   
          responsibility for the claimed legal fees does not confer real              
          party in interest status).25                                                
               We now hold that the real parties in interest in this                  
          litigation include not only the test case petitioners and                   
          participating nontest case petitioners, but also all other                  



          25 Conversely, Professor Sisk reasons, a real party in                      
          interest who has no financial responsibility for legal fees                 
          cannot recover those fees under the EAJA for the simple reason              
          that such person has not “incurred” any fees as required by the             
          statute.  Sisk, “The Essentials of the Equal Access to Justice              
          Act:  Court Awards of Attorney’s Fees for Unreasonable Government           
          Conduct (Part One),” 55 La. L. Rev. 217, 346-347 (1994).                    



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