Legal Opinion

Bresgal v. Brock

District Court, D. Oregon

Decided December 31, 1985No. Civ. 84-6315-EPublished

1Opinion of the Court

ORDER

JAMES M. BURNS, District Judge.

Counsel for Plaintiff-Intervenors Augustin Villegas, Rene Guerrero and Jose Ponce have petitioned the court for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A) (1980 & Supp. IV) for their representation of Plaintiff-Intervenors in this case. The EAJA authorizes a court to award fees to a prevailing party in any civil action brought against the United States “unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.” 28 U.S.C. §…

2Cases cited9 opinions

  1. Farmer v. Arabian American Oil Co.Supreme Court of the United States · 1964
  2. Stanley Spencer v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1983
  3. Seattle School District No. 1 v. The State of WashingtonCourt of Appeals for the Ninth Circuit · 1980
  4. Tyler Business Services, Inc. v. National Labor Relations BoardCourt of Appeals for the Fourth Circuit · 1982
  5. Hoang Ha v. Richard Schweiker, Secretary of the United States Department of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1983

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