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Equal Access to Justice Act

  • United States v. Hurt (8th Cir.) - Appellant
    • The court erred by failing to determine whether the action as a whole was "substantially justified," and by failing to recognize that a pattern or practice case, by its very nature, is a single claim, not a collection of individual claims
    • The court failed to recognize that given its denial of defendants' motions for summary judgment and a directed verdict, there is a presumption that the government's case was substantially justified

    Document Date 
    Court of Appeals Decision, reported at 676 F.3d 64904/12/12
    Reply Brief 08/23/11
    Brief as Appellant 06/17/11

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