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SCHOCK v. U.S.

No. 00-2514.

254 F.3d 1 (2001)

Eleanor C. SCHOCK, Plaintiff, Appellant, v. UNITED STATES; Federal Deposit Insurance Corporation in its capacity as deposit insurer and in its capacity as Receiver of Old Stone Bank, F.S.B., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 21, 2001.

Attorney(s) appearing for the Case

John D. Deacon, Jr. for appellant.

Lawrence H. Richmond, with whom Ann S. DuRoss, Assistant General Counsel, Robert D. McGillicuddy, Supervisory Counsel, and J. Scott Watson, Counsel, Federal Deposit Insurance Corporation, were on brief, for appellees.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

In the Equal Access to Justice Act (EAJA), Congress provided that a prevailing party may recover attorneys' fees and expenses in a civil action against any "agency... of the United States" unless the court finds the position of the United States "substantially justified." 28 U.S.C. § 2412(d)(1)(A). This appeal is about the denial of EAJA fees to a plaintiff who was successful in a contract claim against the FDIC as receiver of an insolvent...

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