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ROANOKE RIVER BASIN ASS'N v. HUDSON

No. 92-1526.

991 F.2d 132 (1993)

ROANOKE RIVER BASIN ASSOCIATION, Plaintiff-Appellant, and State of North Carolina; Brunswick County, Virginia, Board of Supervisors; Charlotte County, Virginia, Board of Supervisors; Granville County, North Carolina; Halifax County, Virginia, Board of Supervisors; Halifax County, North Carolina; Martin County, North Carolina; Mecklenburg County, Virginia, Board of Supervisors; Northampton County, North Carolina; Vance County, North Carolina; Warren County, North Carolina; Washington County, North Carolina, Plaintiffs, v. Ronald E. HUDSON, Colonel, in his official capacity as Norfolk District Engineer; Wayne A. Hanson, in his official capacity as Wilmington District Engineer; Joseph K. Bratton, Lt. Gen., in his official capacity as the Chief of Engineers of the U.S. Army Corps of Engineers, Defendants-Appellees, and William R. Gianelli, in his official capacity as Assistant Secretary of the U.S. Department of the Army; John O. Marsh, in his official capacity as Secretary of the U.S. Department of the Army; City of Virginia Beach, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 20, 1993.

Attorney(s) appearing for the Case

Patrick Michael McSweeney, McSweeney, Burtch & Crump, P.C., Richmond, VA, argued (Michael V. Hernandez, on the brief), for appellant.

J. Carol Williams, U.S. Dept. of Justice, Washington, DC, argued (Vicki A. O'Meara, Acting Asst. Atty. Gen., Robert L. Klarquist, Glen R. Goodsell, U.S. Dept. of Justice, Washington, DC, Margaret Person Currin, U.S. Atty., Raleigh, NC, on the brief), for appellees.

Before HALL, MURNAGHAN, and NIEMEYER, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

The Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, provides that parties who prevail in litigation with the United States are entitled to reimbursement of reasonable attorney's fees unless the position of the United States "was substantially justified." 28 U.S.C. § 2412(d)(1)(A). In protracted litigation with the Army Corps of Engineers, the Roanoke River Basin Association challenged the Corps' issuance of...

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