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U.S. S.E.C. v. ZAHAREAS

No. 03-2630.

374 F.3d 624 (2004)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Appellee, v. Nicholas A. ZAHAREAS; Tuschner & Company, Inc.; Defendants, John M. Tuschner; Appellant, Euroamerican Securities, S.A. Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: July 7, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was James H. Schropp of Washington, D.C.

Counsel who presented argument on behalf of the appellee was Timothy N. McGarey of Washington, D.C.

Before BYE, HEANEY, and SMITH, Circuit Judges.

HEANEY, Circuit Judge.

John M. Tuschner appeals the denial of his application for attorney's fees under the Equal Access to Justice Act (EAJA). For the reasons stated below, we reverse and remand to the district court for further proceedings consistent with this opinion.

I. BACKGROUND

This case has been in the courts for over six years and is currently before this court for the fourth time. The facts have been clearly articulated in prior opinions...

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