HALVERSON v. SLATER

No. 99-5115.

206 F.3d 1205 (2000)

Paul D. HALVERSON, et al., Appellants, v. Rodney E. SLATER, Secretary, United States Department of Transportation, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 2000.


Attorney(s) appearing for the Case

John Longstreth argued the cause for appellants. With him on the briefs were Donald A. Kaplan and Mark Ruge.

Rudolph Contreras, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Wilma A. Lewis, U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, and Dale C. Andrews, Deputy Assistant General Counsel for Litigation, U.S. Department of Transportation.

Before: EDWARDS, Chief Judge, TATEL and GARLAND, Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

After a previous panel of this court invalidated a final rule issued by the Department of Transportation, the prevailing parties, appellants herein, filed an application for attorneys' fees and costs pursuant to the Equal Access to Justice Act. The district court denied the application, finding the Department's defense of the rule, though unsuccessful, "substantially justified" within...

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