Legal Opinion
J.H. McQuiston v. John O. Marsh, Jr., Secretary of the Army, United States Army Missile Command
Court of Appeals for the Ninth Circuit
Decided June 9, 1983No. 82-5692PublishedCited by 109 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
In this appeal, we consider whether the district court properly denied McQuiston’s motion for attorneys’ fees. The court summarily concluded that McQuiston was not a prevailing party, the Army was substantially justified in its position, and the motion was untimely. We find, however, that the motion was timely under 28 U.S.C. § 2412(b), and we remand to the district court to determine whether McQuiston was the prevailing party and whether the government acted in bad faith.
McQuiston, a manufacturer of defense equipment, filed suit to enjoin the United States…
2Cases cited16 opinions
- Ivey v. Board of Regents of University of AlaskaCourt of Appeals for the Second Circuit · 1982
- Griffin v. BreckenridgeSupreme Court of the United States · 1971
- White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
- Hall v. ColeSupreme Court of the United States · 1973
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
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3Cited by109 opinions
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Myers v. SullivanCourt of Appeals for the Eleventh Circuit · 1990
- Hoa Hong Van v. Jo Anne B. Barnhart, Commissioner of Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2007
- John C. Shimman v. International Union of Operating Engineers, Local 18Court of Appeals for the Sixth Circuit · 1984
- Paul W. Guthrie v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fourth Circuit · 1983
104 more not listed; retrieve them via the Exa API.