HALLMAN v. I.N.S.

No. 88-1964. Summary Calendar.

879 F.2d 1244 (1989)

William HALLMAN and Jose Alberto Lozano, Plaintiffs-Appellants, v. IMMIGRATION AND NATURALIZATION SERVICE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 3, 1989.


Attorney(s) appearing for the Case

John Wheat Gibson, Joe K. Crews, Dallas, Tex., for plaintiffs-appellants.

Karen L. Fletcher, Mark C. Walters, Asst. Director, Office of Immigration Litigation, Civ. Div., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before GEE, WILLIAMS, and HIGGINBOTHAM, Circuit Judges.


PER CURIAM:

Jose Lozano and his employer, William Hallman, seek attorneys fees from the Immigration and Naturalization Service under the Equal Access to Justice Act, 28 U.S.C. § 2412 et seq. The district court denied their application for fees on two grounds: that Hallman and Lozano were not prevailing parties, and that the Service's position was "substantially justified." We agree that the Service's position...

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