Legal Opinion

Gomez v. Sullivan

District Court, D. Colorado

Decided November 19, 1991No. Civ. A. 89-K-1925Published

1Opinion of the Court

ORDER ON APPLICATION FOR ATTORNEY FEES

KANE, Senior District Judge.

Plaintiff has requested attorney fees in the amount of $4,849.40, plus such amounts as are incurred in the preparation and prosecution of this application, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), for fees incurred in bringing this action against the Secretary. The Secretary contends that fees should not be awarded as the position of the United States was substantially justified and the EAJA precludes an award in such circumstances.

Specifically, the Secretary contends that his position that the…

2Cases cited11 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1978
  4. Heckler v. CampbellSupreme Court of the United States · 1983
  5. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990

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