William Moorhead: “If the judge determines that it would be manifestly unjust for him to order those fees, he can avoid them.”

I share the concern of the gentleman from Maryland. It is our intention that rule XI(c) be applied equally to all litigants, and that the Federal judges exercise no special restraint when dealing with the Federal Government.

Latitude in every single case where they have not found that it will work an injustice. We have in our legislation that we have, we have provisions in those extreme cases where the judge does have a latitude.

I just think, if the gentleman is not in favor of loser pays, of course he is not going to like this at all. But under the amendments that we have put into the bill, a lot of the sting of loser pays has been taken out already----

I say to the gentleman, ``Primarily because, whey you cut from 100 percent to 25 percent, you're gutting the very issue we're talking about.''