# Nichols ex rel. Johnston v. Pierce

> Court of Appeals for the D.C. Circuit · August 10, 1984 · 740 F.2d 1249

URL: https://www.frixlaw.com/law-library/cases/7851045

## Case

- **Full name:** Jean NICHOLS, individually as next friend of her minor child, Terrie Johnston and on behalf of all others similarly situated v. Samuel R. PIERCE, Jr., Secretary of the Department of Housing and Urban Development Jean NICHOLS, individually as next friend of her minor child, Terrie Johnston and on behalf of all others similarly situated v. Samuel R. PIERCE, Jr., Secretary of the Department of Housing and Urban Development
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** August 10, 1984
- **Citations:** 740 F.2d 1249; 239 U.S. App. D.C. 146; 1984 U.S. App. LEXIS 19681
- **Precedential status:** Published
- **Opinion:** Concurring in part by Mikva
- **Judges:** Federal, Markey, Mikva, Wilkey
- **Cited by:** 40 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7851045

## How later opinions describe it (automated extraction)

- characterizing as final a district court decision that resolved the merits of a case, notwithstanding the pendency of a postjudgment motion for statutory attorney's fees; unclear whether a holding

## Opinion text

MIKVA, Circuit Judge,
concurring . in part, dissenting in part.
I concur in the result of this case and concur in the reasoning articulated in Parts II and IIIB.
I cannot concur, however, in the reasoning of Part IIIA and therefore dissent from that section. I believe that Bradley v. School Board of the City of Richmond, 416 U.S. 696 , 94 S.Ct. 2006 , 40 L.Ed.2d 476 (1974), requires us to hold that the Equal Access to Justice Act applies to this suit. Bradley squarely held that the question of fees was sufficient to keep a case open for the purpose of applying another fee statute passed by Congress. See also Knights of the Ku Klux Klan v. East Baton Rouge-Parish School Board, 679 F.2d 64 (5th Cir.1982); Heydt v. Citizens State Bank, 668 F.2d 444 (8th Cir.1982). I would therefore reverse the district court on this issue.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7851045. Public record. Not legal advice.