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McQUISTON v. MARSH

No. 84-6500.

790 F.2d 798 (1986)

J.H. McQUISTON, Plaintiff-Appellant, v. John O. MARSH, Jr., Secretary of the Army; U.S. Army Missile Command, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 30, 1986.

Attorney(s) appearing for the Case

James McQuiston, Lynn B. Larsen, Wickwire, Gavin & Gibbs, P.C., Salt Lake City, Utah, for plaintiff-appellant.

Ian Fan, Asst. U.S. Atty., Los Angeles, Cal., for defendants-appellees.

Before SNEED and THOMPSON, Circuit Judges, and SOLOMON, District Judge.

THOMPSON, Circuit Judge:

McQuiston appeals the district court's order denying him attorney's fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. We affirm.

I

BACKGROUND

McQuiston, a manufacturer of defense equipment, sued to enjoin the United States Army from awarding a contract that allegedly violated federal procurement laws. The district court removed the case from its calendar until the General Accounting...

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