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NAPORANO IRON AND METAL CO. v. U.S.

No. 87-1130.

825 F.2d 403 (1987)

NAPORANO IRON AND METAL COMPANY, Andrew J. Naporano and Beatrice Naporano, Andrew J. Naporano and Sharon Naporano, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 4, 1987.

Attorney(s) appearing for the Case

Colin M. Danzis, Theodore C. Abeles and Paul A. Sandars, III, of Lum, Hoens, Abeles, Conant & Danzis, Roseland, N.J., argued for plaintiffs-appellants. With them on the brief were Dennis B. O'Brien and Charles H. Hoens, Jr., of counsel, of Lum, Hoens, Abeles, Conant & Danzis, Roseland, N.J.

James B. Mann, of the Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Roger M. Olsen, Asst. Atty. Gen., Michael L. Paup, Richard Farber and Janet K. Jones, of the Tax Div., Dept. of Justice, Washington, D.C.

Before RICH, Circuit Judge, NICHOLS, Senior Circuit Judge, and NIES, Circuit Judge.

NIES, Circuit Judge.

Naporano Iron and Metal Company, Andrew J. Naporano and Beatrice Naporano, Andrew J. Naporano and Sharon Naporano appeal the judgment of the United States Claims Court, No. 440-79T (November 21, 1986), denying their petition for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. §§ 2412(d)(1)(A), (2)(B) (Supp. III 1985), on the grounds that the government's position was substantially...

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