TRAVELER TRADING CO. v. U.S.

Court No. 85-09-01159.

713 F.Supp. 409 (1989)

TRAVELER TRADING CO., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

May 8, 1989.


Attorney(s) appearing for the Case

Galland, Kharasch, Morse & Garfinkle (Marc C. Ginsberg), Washington, D.C., for plaintiff.

John R. Bolton, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Director, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice (Mark S. Sochaczewsky), New York City, for defendant.


MEMORANDUM DECISION AND ORDER

DiCARLO, Judge:

Pursuant to Rule 68 of the Rules of this Court, Traveler Trading Co. (applicant) has filed for attorneys' fees and other expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (Supp. V 1987). The Court grants the application because the defendant has failed to show that the government's position was "substantially justified" or that special circumstances exist which would make an award...

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