• United States District Court
  • 3:15cv1026
  • Nov 23 2016 (Date Decided)
  • Merriam, J.
To prevail on a request for attorney fees under the Equal Access to Justice Act, plaintiff was required to prove that plaintiff qualified as a "prevailing party," that defendant's position lacked substantial justification and that no special circumstances existed that would make an award unjust.

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