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Pierce v. Underwood Et Al.

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eBook details

  • Title: Pierce v. Underwood Et Al.
  • Author : Supreme Court of the United States
  • Release Date : January 27, 1988
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 83 KB

Description

and were awarded attorneys fees after the court found that the position taken by the Secretary was not "substantially justified" within the meaning of the Equal Access to Justice Act (EAJA), 28 U. S. C. ? 2412(d). The court also determined that "special factors" justified calculating the attorneys fees at a rate in excess of the $75-per-hour cap imposed by the statute. We granted certiorari, 481 U.S. 1047 (1987), to resolve a conflict in the Courts of Appeals over important questions concerning the interpretation of the EAJA. Compare Dubose v. Pierce, 761 F.2d 913 (CA2 1985), cert. pending, No. 85-516, with 761 F.2d 1342 (CA9 1985) (per curiam), as amended, 802 F.2d 1107 (1986) (case below).


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