FDL Technologies, Inc. v. United States
United States Court of Claims
1Opinion of the Court
ORDER
NETTESHEIM, Judge.
FACTS
On September 3, 1991, plaintiffs FDL Technologies, Inc. (“FDL”), and Dale C. Nathan (“Nathan”) filed an application for attorneys’ fees and litigation costs pursuant to the Equal Access to Justice Act (the “EAJA”), 28 U.S.C. § 2412(d) (1988). Defendant requests that the court deny the application, contending: Plaintiffs are not a prevailing party; defendant was substantially justified in its litigation position; and plaintiffs failed to conform to RUSCC 81(e)(1), which requires that a plaintiff, in *486accordance with section 2412(d)(1)(B), submit an application…
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