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DGR ASSOCIATES, INC. v. U.S.

No. 2011-5080.

690 F.3d 1335 (2012)

DGR ASSOCIATES, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant, and General Trades & Services, Inc., Defendant.

United States Court of Appeals, Federal Circuit.

August 2, 2012.

Attorney(s) appearing for the Case

Darcy V. Hennessy , Hennessy, Boe & Gondring, P.A., of Mission, Kansas, argued for plaintiff-appellee. With her on the brief was Leslie A. Boe.

Steven M. Mager , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Patricia M. McCarthy , Assistant Director.

Before RADER, Chief Judge, PLAGER, and WALLACH, Circuit Judges.

PLAGER, Circuit Judge.

This case involves a dispute over whether a party who prevailed in a bid protest against the United States is entitled to an award of attorneys' fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The Court of Federal Claims determined that the Government's position in the underlying bid protest was not substantially justified, and awarded attorneys' fees, costs, and expenses.1 However...

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