Bergen Hudson Roofing Co. v. United States

Opinion

Restani, Judge:

Plaintiffs attorney has filed an application seeking attorneys fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (1982 & Supp. V 1987). Among the applicant’s burdens is the burden of alleging that the government’s position was not "substantially justified,” which shall be determined on "the record * * * which is made in the civil action for which fees and other expenses are sought.” 28 U.S.C. § 2412(d)(1)(B) (as amended). The applicant made its allegation and defendant responded indicating its reasons for non-capitulation at various stages. The…