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U.S. v. RUBIN

No. 94-55627.

79 F.3d 109 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Israel RUBIN, as President of I.D. Enterprises, Inc.; I.D. Enterprises, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 5, 1996.

Attorney(s) appearing for the Case

Elon A. Pollack, Politis, Pollack & Doram, Los Angeles, California, for defendants-appellants.

Robert I. Lester, Assistant United States Attorney, Los Angeles, California, for plaintiff-appellee.

Before: FLETCHER, CANBY, and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

We consider here the propriety of denying attorneys' fees to an otherwise eligible private litigant where the district court finds that the government has advanced both justified and unjustified positions in the underlying litigation. Consistent with the basic purposes of the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, we hold that the district court should award fees to the private litigant who is a prevailing...

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