Legal Opinion
McLarty v. United States
Court of Appeals for the Eighth Circuit
Decided October 1, 1993No. 92-2967PublishedCited by 10 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
After accepting the government’s offer to settle his suit for wrongful disclosure of tax information, Scott McLarty petitioned for attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, or, alternatively, under 26 U.S.C. § 7430. Applying the latter statute, the district1 court denied the petition on the ground that the government’s litigation position was substantially justified. McLarty appeals, and on appeal *547both parties contend that the EAJA rather than the tax statute applies. We agree that the EAJA is the governing statute but nonetheless…
2Cases cited19 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
- Ardestani v. Immigration & Naturalization ServiceSupreme Court of the United States · 1991
- Zulema De La Garza Perales, Cross-Appellants v. Richard Casillas, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1992
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Towerridge, Inc., Sued as United States of America for the Benefit of Towerridge, Inc., and v. T.A.O., Inc., and Mid-Continent Casualty Co., AndCourt of Appeals for the Tenth Circuit · 1997
- Lamb Engineering & Construction Company v. Nebraska Public Power DistrictCourt of Appeals for the Eighth Circuit · 1997
- Scrimgeour v. Internal RevenueCourt of Appeals for the Fourth Circuit · 1998
- Scrimgeour v. Internal RevenueCourt of Appeals for the Fourth Circuit · 1998
- Helen Havrum, Appellee/cross-Appellant v. United States of America, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 2000
5 more not listed; retrieve them via the Exa API.