SNEED, Senior Circuit Judge:
The Securities and Exchange Commission (SEC) appeals the district court decision awarding $195,496.85 in attorneys' fees and expenses to Thomas A. Johnson under the Equal Access to Justice Act (EAJA). The SEC contends that it was "substantially justified" in bringing the underlying suit against Johnson. It also argues that Johnson did not "incur" fees within the meaning of EAJA because his attorneys' fees ultimately may be or have been...
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