Legal Opinion

Goldhaber v. Foley

Court of Appeals for the Third Circuit

Decided January 17, 1983No. 82-1254PublishedCited by 66 opinions

1Opinion of the Court

*194OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal requires that we determine whether the phrase “unless ... the position of the United States was substantially justified” in the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (Supp. IV 1980), requires that a plaintiff be denied attorneys’ fees when, in an action against the United States, the United States succeeds in its defense against one of plaintiff’s claims, but does not prevail in its defense against the second of plaintiff’s claims.

Because we conclude that the substantial justification of the United States in defending…

2Cases cited6 opinions

  1. Hughes v. RepkoCourt of Appeals for the Third Circuit · 1978
  2. BROAD AVENUE LAUNDRY AND TAILORING, Petitioner, v. the UNITED STATES, RespondentCourt of Appeals for the Federal Circuit · 1982
  3. Photo Data, Inc. v. SawyerDistrict Court, District of Columbia · 1982
  4. Alspach v. District Director of Internal RevenueDistrict Court, D. Maryland · 1981
  5. OPERATING ENGINEERS LOCAL U. NO. 3, ETC. v. BohnDistrict Court, D. Utah · 1982

1 more not listed; retrieve them via the Exa API.

3Cited by66 opinions

  1. Stanley Spencer v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1983
  2. Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, Chemical Manufacturers Association, IntervenorsCourt of Appeals for the Third Circuit · 1983
  3. Dougherty, Gregory v. Lehman, John, Secretary of the Navy, Dougherty, Gregory v. Lehman, John, Secretary of the NavyCourt of Appeals for the Third Circuit · 1983
  4. Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation BoardCourt of Appeals for the Fifth Circuit · 1985
  5. Brigadier General Roland F. Cinciarelli v. The Honorable Ronald Reagan, President of the United StatesCourt of Appeals for the D.C. Circuit · 1984

61 more not listed; retrieve them via the Exa API.

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