Moody v. United States

*185ORDER

HUGH GIBSON, District Judge.

Before the Court is the defendant United States’ motion for summary judgment on the issue of attorneys’ fees. The Court tried this case on January 9-10, 1985 and rendered judgment in favor of the plaintiff. The defendant now contends, inter alia, that plaintiff cannot recover attorneys’ fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, because the defendant’s position was “substantially justified.” This Court agrees.

Procedural & Factual Background

This action arose from the mailing of a rare, antique gold coin on or about December 1, 1981.…