Legal Opinion

American Air Parcel Forwarding Co. v. United States

United States Court of International Trade

Decided September 20, 1988No. Court 83-07-00995PublishedCited by 6 opinions

1Opinion of the Court

DiCARLO, Judge:

American Air Parcel Forwarding Co. (AAP) has applied for attorneys fees and other expenses for the services of S. David Harrison, Mark J. Reidy, and Lawrence B. Schlang under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (Supp. IY 1986). The Court denies the application because AAP has not shown that it is a party within the meaning of the EAJA; the position of the government was “substantially justified”; and special circumstances exist which would make an award of fees and expenses unjust.

DISCUSSION

The EAJA provides a mechanism by which parties can collect…

2Cases cited6 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Lawrence E. MARTIN, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1985
  3. Dunn v. United StatesCourt of Appeals for the Third Circuit · 1988
  4. Grand Boulevard Improvement Ass'n v. City of ChicagoDistrict Court, N.D. Illinois · 1982
  5. L.G. Lefler, Inc., D/B/A Defco Construction Company v. The United StatesCourt of Appeals for the Federal Circuit · 1986

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Traveler Trading Co. v. United StatesUnited States Court of International Trade · 1989
  2. Fakhri v. United StatesUnited States Court of International Trade · 2007
  3. Shah Bros., Inc. v. United StatesUnited States Court of International Trade · 2014
  4. International Custom Products, Inc. v. United StatesUnited States Court of International Trade · 2015
  5. Fakhri v. United StatesUnited States Court of International Trade · 2007

1 more not listed; retrieve them via the Exa API.

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