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CENTER FOR SCIENCE IN THE PUBLIC INTEREST v. REGAN

No. 83-1988.

802 F.2d 518 (1986)

CENTER FOR SCIENCE IN THE PUBLIC INTEREST, et al., Appellants, v. Donald T. REGAN, Secretary of the Treasury, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 1986.

Attorney(s) appearing for the Case

Bruce Silverglade, Washington, D.C., and Mitchell Zeller, for appellants.

Marleigh D. Dover, Atty., Dept. of Justice, with whom Richard K. Willard, Acting Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty. and William Kanter, Atty., Dept. of Justice, Washington, D.C., were on the brief, for appellees.

Nicholas S. Zeppos, Atty., Department of Justice, Washington, D.C., also entered an appearance for appellees.

Before ROBINSON and STARR, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

The Center for Science in the Public Interest (CSPI) appeals from a denial of attorneys' fees under the Equal Access to Justice Act. 28 U.S.C. § 2412 (1982). For the reasons that follow, we hold that, in determining whether the Government's position was "substantially justified" within the meaning of the statute, the District Court is now obliged to apply the standard set forth...

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