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FOLEY CONST. CO. v. U.S. ARMY CORPS OF ENGINEERS

No. 82-2202.

716 F.2d 1202 (1983)

FOLEY CONSTRUCTION COMPANY, an Iowa Corporation, Appellant, v. U.S. ARMY CORPS OF ENGINEERS, an Agency of the United States of America; The United States of America; Col. Joseph F. Manzi, Jr.; Herbison Construction Company, a Minnesota Corporation; and Herbison Bridge Company, a Minnesota Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 14, 1983.

Attorney(s) appearing for the Case

Pillers, Pillers & Pillers, P.C. by George W. Pillers, Jr., Clinton, Iowa, Thomas D. McMillen, Jr., Des Moines, Iowa, for appellant.

J. Paul McGrath, Asst. Atty. Gen., Richard C. Turner, U.S. Atty., William Kanter, Richard A. Olderman, Attys., Appellate Staff, Civ. Divisions, Dept. of Justice, Washington, D.C., Ronald H. Rothert, Asst. Dist. Counsel, Rock Island Dist. Corps of Engineers, Rock Island, Ill., Robert C. Dopf, Asst. U.S. Atty., Des Moines, Iowa, for the federal appellees.

Before LAY, Chief Judge, and HEANEY and FAGG, Circuit Judges.

FAGG, Circuit Judge.

Foley Construction Company, the prevailing party in an action brought against the United States Army Corps of Engineers, seeks an award of attorneys' fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The district court denied attorneys' fees because it held that the government's position was "substantially justified." We affirm.

I. BACKGROUND

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