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U.S. v. F.H. FENDERSON, INC.

Court No. 84-07-01008.

670 F.Supp. 1015 (1987)

UNITED STATES, Plaintiff, v. F.H. FENDERSON, INC., Defendant.

United States Court of International Trade.

September 25, 1987.

Attorney(s) appearing for the Case

Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., Dept. of Justice (Platte B. Moring, III, Washington, D.C., on the motion) for plaintiff.

Doherty and Melahn, (William E. Melahn, Boston, Mass., on the motion), for defendant.

MEMORANDUM OPINION

CARMAN, Judge:

This action seeking the recovery of a penalty was dismissed by the Court pursuant to a joint motion for summary judgment. Defendant, F.H. Fenderson, Inc. (Fenderson), now seeks an award of attorneys' fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A).

As more fully explained below, the Court concludes that while this action was dismissed in Fenderson's favor, the plaintiff...

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