COMMUNITY HEALTH SERVICES OF CRAWFORD COUNTY, INC. v. CALIFANO

Civ. A. Nos. 78-74 ERIE, 80-56 ERIE.

563 F.Supp. 1368 (1983)

COMMUNITY HEALTH SERVICES OF CRAWFORD COUNTY, INC., a non-profit corporation, Ada Werner, an individual, Frank E. Werner, an individual, and Shirley Sorger, an individual v. Joseph A. CALIFANO, Jr., Secretary of the Department of Health, Education and Welfare, and the Travelers Insurance Companies, a corporation. COMMUNITY HEALTH SERVICES OF CRAWFORD COUNTY, INC., a non-profit corporation v. Patricia Roberts HARRIS, Secretary of the Department of Health, Education and Welfare, and the Travelers Insurance Companies, a corporation.

United States District Court, W.D. Pennsylvania.

June 7, 1983.


Attorney(s) appearing for the Case

Rose, Schmidt, Dixon & Hasley, Brian W. Ashbaugh, Pittsburgh, Pa., for plaintiffs.

J. Alan Johnson, U.S. Atty., Joel B. Strauss and Donald E. Lewis, Asst. U.S. Attys., Pittsburgh, Pa., for defendants.


OPINION

WEBER, District Judge.

The plaintiffs, who prevailed in this action before the Court of Appeals, seek attorneys' fees and expenses under the Equal Access to Justice Act. The government does not contest that plaintiffs were the prevailing parties, nor contest the reasonableness of the fees and expenses requested. Its sole base of opposition is that its position was substantially justified within the terms of the statute. We believe that the burden...

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