Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation Board
Court of Appeals for the Fifth Circuit
1Opinion of the Court
THORNBERRY, Circuit Judge.
In our initial opinion, we found (1) that the phrase “position of the United States” in the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A) (1982) (repealed 1984), meant the government’s litigation position, and not its underlying action; and (2) that appellee National Mediation Board’s litigation position was substantially justified. We therefore affirmed the district court’s order denying appellant Russell attorney fees for his successful action against the Board. Russell v. National Mediation Board, 764 F.2d 341 (5th Cir.1985).
Russell submitted a…
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