United States Tenth Circuit

An award of attorney fees in favor of defendant, pursuant to the Equal Access to Justice Act, is reversed where clear evidence does not support the district court's conclusion that plaintiff-FTC's action was entirely without color.

Appellate Information

• Decided 03/22/2005
• Published 03/22/2005

Judges

• BALDOCK, Circuit Judge., Before TACHA, Chief Circuit Judge, and BALDOCK and HENRY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Lawrence DeMille-Wagman (William E. Kovacic, General Counsel, and John F. Daly, Deputy General Counsel for Litigation, with him on the briefs), Federal Trade Commission, Washington, D.C., for Plaintiff-Appellant.


• For Appellees:
  
• Evan A. Schmutz (Wm. Kelly Nash with him on the brief), Hill, Johnson & Schmutz, L.C., Provo, UT, for Defendant-Appellee.