Legal Opinion
United States v. Charles Gyurman Land & Cattle Co.
Court of Appeals for the Tenth Circuit
Decided December 30, 1987No. 86-1291PublishedCited by 21 opinions
1Opinion of the Court
SEYMOUR, Circuit Judge.
Charles Gyurman Land & Cattle Co. (Gyurman) was awarded $50,000 in attorney’s fees as a prevailing party under the Equal Access to Justice Act (EAJA) in a condemnation case. The United States appeals, arguing that an improper standard was used to determine whether the government’s position was substantially justified. We reverse and remand.
I
The EAJA provides, in part, that “a court shall award to a prevailing party other than the United States fees and other expenses ... incurred by that party in any civil action ... brought by or against the United States ..., unless…
2Cases cited12 opinions
- Ruckelshaus v. Sierra ClubSupreme Court of the United States · 1983
- Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation BoardCourt of Appeals for the Fifth Circuit · 1985
- United States v. 1,378.65 Acres of Land, More or Less, Situate in Vernon County, State of Missouri, and Laurance PhisterCourt of Appeals for the Eighth Circuit · 1986
- Harry E. Hoover v. The United States Department of the InteriorCourt of Appeals for the Fifth Circuit · 1980
- Lee v. JohnsonCourt of Appeals for the Third Circuit · 1986
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. HarrellCourt of Appeals for the Tenth Circuit · 2011
- United States v. 313.34 Acres of Land, More or Less, Situated in Jefferson County, State of Washington, and Gary Smith Janice SmithCourt of Appeals for the Ninth Circuit · 1990
- United States v. 31.63 Acres of LandCourt of Appeals for the Tenth Circuit · 1988
- United States v. 1002.35 Acres of LandCourt of Appeals for the Tenth Circuit · 1991
- United States v. 312.50 Acres of Land, More or Less, Situated in Prince William County, Commonwealth of Virginia and Annie M. DavisCourt of Appeals for the Fourth Circuit · 1988
16 more not listed; retrieve them via the Exa API.