RUSSELL v. NATIONAL MEDIATION BD.

No. 84-1345.

775 F.2d 1284 (1985)

Laurence G. RUSSELL, William L. Hanna, and Eddie D. Langwell, Plaintiffs-Appellants, v. NATIONAL MEDIATION BOARD, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 23, 1985.


Attorney(s) appearing for the Case

Robert F. Gore, Rex H. Reed, Springfield, Va., John Cosmic, Amarillo, Tex., for plaintiffs-appellants.

Mark W. Pennak, William Kanter, Dept. of Justice, Washington, D.C., for Nat. Mediation Bd.

Before THORNBERRY, REAVLEY and HIGGINBOTHAM, Circuit Judges.


THORNBERRY, Circuit Judge.

In our initial opinion, we found (1) that the phrase "position of the United States" in the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A) (1982) (repealed 1984), meant the government's litigation position, and not its underlying action; and (2) that appellee National Mediation Board's litigation position was substantially justified. We therefore affirmed the district court's order denying appellant Russell attorney fees...

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