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...
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