Legal Opinion
United States v. 0.376 Acres of Land
Court of Appeals for the Sixth Circuit
Decided January 26, 1988No. 86-5905PublishedCited by 54 opinions
1Opinion of the Court
DAVID A. NELSON, Circuit Judge.
This is an appeal from a district court order denying the award of attorney fees in three eminent domain cases. Each of the landowners was a “prevailing party” within the definition set forth in 28 U.S.C. § 2412(d)(2)(H), but the district court declined to award fees and expenses under the Equal Access to Justice Act because the court found that the government had sustained its burden of showing that its position in the proceedings was “substantially justified.” Finding no abuse of discretion, we shall affirm the district court’s order.
I
In November of 1984 the…
2Cases cited11 opinions
- Gavette v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1986
- Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation BoardCourt of Appeals for the Fifth Circuit · 1985
- Commissioner v. Asphalt Products Co.Supreme Court of the United States · 1987
- 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
- Hoang Ha v. Richard Schweiker, Secretary of the United States Department of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1983
6 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- United States Ex Rel. Wall v. Circle C Construction, LLCCourt of Appeals for the Sixth Circuit · 2017
- 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
- Richards v. Secretary of Health and Human ServicesDistrict Court, N.D. Ohio · 1995
- Rover Pipeline, L.L.C. v. HarrisOhio Supreme Court · 2025
- 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
49 more not listed; retrieve them via the Exa API.