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AMERICAN AIR PARCEL FORWARDING CO. v. U.S.

Court No. 83-07-00995.

697 F.Supp. 505 (1988)

AMERICAN AIR PARCEL FORWARDING CO., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

September 20, 1988.

Attorney(s) appearing for the Case

McLaughlin & Stern, Ballen and Ballen, S. David Harrison, New York City, for plaintiff, American Air Parcel Forwarding Co.

John R. Bolton, Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Kenneth N. Wolf, New York City, for defendant.

DiCARLO, Judge:

American Air Parcel Forwarding Co. (AAP) has applied for attorneys fees and other expenses for the services of S. David Harrison, Mark J. Reidy, and Lawrence B. Schlang under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (Supp. IV 1986). The Court denies the application because AAP has not shown that it is a party within the meaning of the EAJA; the position of the government was "substantially justified"; and special circumstances...

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