March 1, 2004

PREVAILING PARTY DENIED ATTORNEYS FEES (UNDER EAJA) BECAUSE OPPOSING PARTY’S POSITION WAS SUBSTANTIALLY JUSTIFIED

Armed Services Board of Contract Appeals

The Armed Services Board of Contract Appeals (“ASBCA”) denied an application for attorneys’ fees and expenses under the Equal Access to Justice Act (“EAJA”) because the opposing party proved that its position in the prior appeal was substantially justified, making the award unjust.

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