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case petitioners Darrell Hatcher (now deceased), Robert Norrell,
and Don Hunt are jointly and severally liable for the Fund’s
obligations under the agreement, which would include the
remaining potentially compensable fees and expenses of
$188,049.27 ($248,049.27 - $60,000 = $188,049.27). Since we have
received net worth affidavits for Messrs. Norrell and Hunt, it
follows that eligible persons are liable for, and therefore
incurred, the remaining potentially compensable fees and expenses
of $188,049.27.53
4. Summary
Eligible persons have paid or incurred all the potentially
compensable amounts with respect to the appellate fee requests.
G. Final Figures
We shall award (1) attorney’s fees in the amount of
$158,562.50 ($122,293.30 paid through the Defense Fund and
$36,269.20 paid outside the Defense Fund) in respect of the
Hongsermeiers’ appellate fee request, and (2) attorney’s fees and
53 Respondent does not suggest, nor do we have any reason to
believe, that the disproportionate liability of Messrs. Norrell
and Hunt is not bona fide. Cf. 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,
337-341 (1994) (discussing the potential for manipulation of the
EAJA eligibility requirements when counsel represents both
eligible and ineligible parties).
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