Legal Opinion
James Doty and Susan Doty v. The United States, Defendant/cross-Appellant
Court of Appeals for the Federal Circuit
Decided November 30, 1995No. 94-5013, 94-5014PublishedCited by 88 opinions
1Opinion of the Court
NEWMAN, Circuit Judge.
This request for attorney fees and expenses flows from the decision reported at Doty v. United States, 53 F.3d 1244 (Fed.Cir.1995), and is filed pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). The government opposes the petition.
The “Position” Applicable to Attorney Fees
The EAJA provides for the award of attorney fees to a prevailing party other than the United States, unless the government’s position was substantially justified. Section 2412(d)(1)(A) of Title 28 states:
Except as otherwise specifically provided by statute, a court shall award to a…
2Cases cited16 opinions
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3Cited by88 opinions
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