United States Eighth Circuit

District court erred in finding SEC's position was substantially justified, as the SEC failed to appropriately and adequately investigate the case according to its own rules and guidelines and brought an action based on an ungrounded and unsubstantiated legal theory without sufficient factual support.

Appellate Information

• Decided 07/07/2004
• Published 07/07/2004

Judges

• HEANEY, Circuit Judge., Before BYE, HEANEY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was James H. Schropp of Washington, D.C.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Timothy N. McGarey of Washington, D.C.