816 F.2d 783, 784 (D.C. Cir. 1987). Section 18(e) is materially different than 28 U.S.C. § 2412(b), which plaintiffs rely on: an award of fees under § 2412(b) is “in addition to costs” (emphasis added), while Montgomery’s holding was based on 7 U.S.C. § 18(e)’s language that if “If the appellee prevails, he shall be allowed a reasonable attorney's fee to be taxed and collected as a part of his costs” (emphasis added). 816 F.2d at 784.