GRANVILLE HOUSE, INC. v. DEPT. OF H.E.W.

No. 85-5395.

813 F.2d 881 (1987)

GRANVILLE HOUSE, INC., Appellant, v. The DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, Arthur E. Noot, as Commissioner of Public Welfare for the State of Minnesota, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 6, 1987.


Attorney(s) appearing for the Case

Jay T. Hartman, Minneapolis, Minn., for appellant.

Carolyn Cozad Hughes, Chicago, Ill., for appellee.

Before HEANEY, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge and BATTEY, District Judge.


HEANEY, Circuit Judge.

Granville House, Inc. seeks to recover attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, relying on the "common fund" theory, and on their assertion that the government's position throughout this litigation was not "substantially justified." The district court rejected Granville's contentions and this appeal followed. Because we agree that the government's position was not substantially justified, we reverse...

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