United States First Circuit

Where the district court faces a novel question of law, and in fact errs in deciding the issue, the government agent's litigation position is not substantially unjustified for purposes of the Equal Acces to Justice Act, 28 USC 2412(d)(1)(A).

Appellate Information

• Decided 06/21/2001
• Published 06/22/2001

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John D. Deacon, Jr. for appellant.


• For Appellees:
  
• Lawrence H. Richmond, with whom Ann S. DuRoss, Assistant General Counsel, Robert D. McGillicuddy, Supervisory Counsel, and J. Scott Watson, Counsel, Federal Deposit Insurance Corporation, were on brief, for appellees.