WANG v. HORIO

No. 93-15902.

45 F.3d 1362 (1995)

Chen C. WANG; Victoria R. Wang; EIC Group, Inc., Plaintiffs, and United States of America, Defendant-Appellant, v. James HORIO, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 25, 1995.


Attorney(s) appearing for the Case

Michael E. Robinson, U.S. Dept. of Justice, Washington, DC, for defendant-appellant.

Thomas J. LoSavio, Low, Ball & Lynch, San Francisco, CA, for defendant-appellee.

Before: HUG, CANBY, and KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge:

The issue before us is whether the government was substantially justified in taking the position that an undercover informant was not an employee.

I. FACTS

The United States challenges the award of attorney's fees granted to Horio under the Equal Access to Justice Act, 28 U.S.C. § 2412, for a petition for certification as a government employee brought under the Westfall Act, 28 U.S.C. § 2679(d)(3).

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