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HILL v. GOULD

No. 07-5026.

555 F.3d 1003 (2009)

Joyce M. HILL, Appellant v. Rowan W. GOULD, Acting Director, United States Fish And Wildlife Service, Et Al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 13, 2009.

Attorney(s) appearing for the Case

John F. Karl Jr. argued the cause and filed the briefs for appellant.

Ellen J. Durkee, Attorney, U.S. Department of Justice, argued the cause for federal appellees. With her on the brief was Kathryn E. Kovacs, Attorney. Larry M. Corcoran, Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

After winning a lawsuit against the Secretary of the Interior, Joyce M. Hill filed an application to recover her attorney's fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412. The district court denied the application on the basis that the Secretary's position at the merits stage was substantially justified. Hill appealed. We affirm.

I.

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