UNITED STATES v. ROSE

No. 80 Civ. 2925(MEL).

563 F.Supp. 283 (1983)

UNITED STATES of America, Plaintiff, v. Jack J. ROSE and A. Raymond Bessette, Stephen J. Scheffer, and Wallace C. Kemper, Defendants.

United States District Court, S.D. New York.

May 19, 1983.


Attorney(s) appearing for the Case

John S. Martin, Jr., U.S. Atty. S.D.N.Y., New York City, for plaintiff; Twila L. Perry, Asst. U.S. Atty., New York City, of counsel.

Butler, Fitzgerald & Potter, New York City, for defendant Jack J. Rose; Raymond Fitzgerald, New York City, of counsel.


LASKER, District Judge.

This is a motion for attorneys' fees under the recently-enacted Equal Access to Justice Act, 28 U.S.C. § 2412 ("EAJA"), which went into effect on October 1, 1981. The EAJA provides, inter alia, that a prevailing party in an action against the United States may recover attorneys' fees unless the position of the government was "substantially justified" or unless the award would be "unjust" due to "special circumstances."

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