Sharp v. United States
United States Court of Federal Claims
1Opinion of the Court
OPINION AND ORDER
GEORGE W. MILLER, Judge.
Plaintiffs prevailed before this Court and the Court of Appeals for the Federal Circuit regarding the proper interpretation of a statute conveying benefits to certain surviving spouses of military veterans. Sharp v. United States, 82 Fed.Cl. 222 (2008) (“Sharp II ”), aff'd 580 F.3d 1234 (Fed.Cir.2009). As prevailing parties, they now seek attorneys’ fees under the Equal Access to Justice Act (“EAJA”), asserting that the Government’s position was not “substantially justified.” 28 U.S.C. § 2412(d)(1)(A). Because the Court concludes that defendant has…
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