1. Home
  2. Browse Decisions
  3. F.2d
  4. 736 F.2d
  5. 736 F.2d 1218 (1984)
 

OMAHA TRIBE OF NEBRASKA v. SWANSON

No. 83-1812.

736 F.2d 1218 (1984)

OMAHA TRIBE OF NEBRASKA, Appellant, v. Harold A. SWANSON, Jr; United States Department of Interior; James Watt, Secretary; Kenneth Smith, Asst. Secretary of Indian Affairs; Kenneth Payton, Acting Commissioner of Indian Affairs; Jerry Jaeger, Area Director-Aberdeen Office, Bureau of Indian Affairs, Appellees. OMAHA TRIBE OF NEBRASKA, Appellant, v. Harold A. SWANSON, Jr; United States Department of Interior; James Watt, Secretary; Kenneth Smith, Asst. Secretary of Indian Affairs; Jerry Jaeger, Area Director-Aberdeen Office, Bureau of Indian Affairs, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 8, 1984.

Attorney(s) appearing for the Case

Roth, Van Amberg, Gross, Amarant & Rogers, Santa Fe, N.M., for appellant Omaha Tribe of Nebraska.

F. Henry Habicht, Acting Asst. Atty. Gen., Washington, D.C., Evan L. Hultman, U.S. Atty., Cedar Rapids, Iowa, Asher E. Schroeder, Asst. U.S. Atty., Sioux City, Iowa, Anne S. Almy, Claire L. McGuire, Attys., Dept. of Justice, Washington, D.C., for appellees.

Before BRIGHT, ARNOLD and FAGG, Circuit Judges.

FAGG, Circuit Judge.

The Omaha Tribe of Nebraska appeals from a denial of attorney's fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. For reversal, the tribe argues that it is a prevailing party under the EAJA and that the government's position is not substantially justified. We reject the tribe's argument that it is a prevailing party and affirm the district court.

In 1975, the United States, acting as trustee for the Omaha...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases