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VIBRA-TECH ENGINEERS, INC. v. UNITED STATES

No. 84-1365.

787 F.2d 1416 (1986)

VIBRA-TECH ENGINEERS, INC., Plaintiff-Appellee, v. UNITED STATES of America: U.S. Department of Interior: U.S. Bureau of Mines: R.J. Simonich, Contracting Officer, U.S. Bureau of Mines, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 31, 1986.

Attorney(s) appearing for the Case

Harold J. Krent (Richard K. Willard, Acting Asst. Atty. Gen., Anthony J. Steinmeyer, Dept. of Justice, Washington, D.C., Robert N. Miller, U.S. Atty., Denver, Colo., with him on brief), for defendants-appellants.

Dennis J. Riley (Peter N. Weiss, Spriggs, Bode & Hollingsworth, Washington, D.C., George W. Mueller, Jr., Burns, Wall, Smith & Mueller, Denver, Colo., with him on brief), Spriggs, Bode & Hollingsworth, Washington, D.C., for plaintiff-appellee.

Before BARRETT, LOGAN and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiff-Appellee Vibra-Tech Engineers, Inc. (Vibra-Tech) was awarded approximately $60,000.00 in attorneys' fees by the district court pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Defendant-appellant United States appeals this award of attorneys' fees, claiming that the position of the government was substantially justified, that even if an award of attorneys' fees is proper, such award should not include fees...

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