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  5. 747 F.Supp. 723 (1990)
 

A. HIRSH, INC. v. U.S.

Court No. 89-06-00366.

747 F.Supp. 723 (1990)

A. HIRSH, INC., Plaintiff, v. The UNITED STATES, Defendant, and Paint Applicators Trade Action Coalition (PATAC), Defendant-Intervenor.

United States Court of International Trade.

July 26, 1990.

Attorney(s) appearing for the Case

Susman & Associates, Barbara A. Susman, Chicago, Ill., for plaintiff.

Lyn M. Schlitt, Gen. Counsel, James A. Toupin, Asst. Gen. Counsel, George Thompson, U.S. Intern. Trade Com'n, Washington, D.C., for defendant.

Miller, Canfield, Paddock and Stone, Charles R. Johnston, Jr. and Doreen M. Edelman, Washington, D.C., for defendant-intervenor.

OPINION AND ORDER

RESTANI, Judge:

Pursuant to Rule 68 of this court, counsel for A. Hirsh, Inc. (applicant) has applied for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (EAJA).1 The government responds that applicant was not entitled to fees as it was not a prevailing party under the terms of the statute; and that, even if the court found that applicant were a prevailing party, the government...

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