Intervest Corp v. Martinez

E. GRADY JOLLY, Circuit Judge:

This appeal raises issues relative to a defendant’s right to recover attorney’s fees against the government under the Equal Access to Justice Act (“EAJA”). Intervest Corporation (“Intervest”) manages several properties that receive subsidies from the federal Department of Housing and Urban Development (“HUD”). On January 3, 2002, HUD debarred both Intervest and J. Stephen Nail, Intervest’s sole shareholder and president. Intervest and Nail challenged this decision and prevailed after the district court determined that HUD’s debarment decision was “arbitrary and…