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GOLDHABER v. FOLEY

No. 82-1254.

698 F.2d 193 (1983)

Emil F. GOLDHABER, Martin Katz d/b/a Atlas Reporting Service, and Helen Mattis v. William E. FOLEY, Edward Garabedian, Donald Seay, Paul R. Tuell, and Rhoda Abovitz and Sally Nitchie d/b/a Abovitz & Nitchie, Appellees. Appeal of Martin A. KATZ and Helen Mattis.

United States Court of Appeals, Third Circuit.

Decided January 17, 1983.

Attorney(s) appearing for the Case

Edward I. Swichar (argued), David L. Braverman, Wexler, Weisman, Forman & Shapiro, P.C., Philadelphia, Pa., for appellants.

Peter F. Vaira, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Virginia R. Powel, Asst. U.S. Atty. (argued), Philadelphia, Pa., for appellees.

Before HUNTER and GARTH, Circuit Judges, and WEBER, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal requires that we determine whether the phrase "unless ... the position of the United States was substantially justified" in the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (Supp. IV 1980), requires that a plaintiff be denied attorneys' fees when, in an action against the United States, the United States succeeds in its defense against one of...

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