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TRIDENT MARINE CONST. v. DISTRICT ENGINEER ETC.

No. 84-1491.

766 F.2d 974 (1985)

TRIDENT MARINE CONSTRUCTION, INC., Plaintiff-Appellant, v. DISTRICT ENGINEER, the UNITED STATES ARMY CORPS of ENGINEERS, DETROIT DISTRICT; Col. Raymond Beurket, Jr., Contracting Officer; Richard Durkin, Regional Administrator; United States Small Business Administration, Chicago Region, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 9, 1985.

Rehearing and Rehearing Denied August 26, 1985.

Attorney(s) appearing for the Case

Todd R. Dickinson, Tolley, Fisher and Verwys, Mark Verwys (argued), Grand Rapids, Mich., for plaintiff-appellant.

John A. Smietanka, U.S. Atty., Carol A. Husum, Asst. U.S. Atty., Thomas J. Gezon (argued), Grand Rapids, Mich., for defendants-appellees.

Before ENGEL and MARTIN, Circuit Judges, and TIMBERS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied August 26, 1985.

BOYCE F. MARTIN, Jr., Circuit Judge.

Trident Marine Construction, Inc. appeals an order of the district court denying it attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d).1 The district court found that the government's position in the underlying litigation was substantially justified and that attorneys' fees were therefore not permissible...

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