JON O. NEWMAN, Circuit Judge:
This appeal raises the question of whether a private party who successfully challenges an adverse agency decision may be awarded attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (Supp. IV 1986) (EAJA) for portions of time spent in litigation in federal court, even if the underlying agency decision was "substantially justified" under the EAJA. This question arises on an appeal by Nathaniel Keon Smith from...
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