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McLARTY v. U.S.

No. 92-2967.

6 F.3d 545 (1993)

Scott McLARTY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 1, 1993.

Attorney(s) appearing for the Case

Anne Marie Fealey, Denver, CO, argued (William C. Waller, on brief), for appellant.

Thomas J. Clark, Dept. of Justice, Washington, DC argued (James A. Bruton, Gary R. Allen, and Jonathan S. Clark, on brief), for appellee.

Before LOKEN, Circuit Judge, ROSS, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

LOKEN, Circuit Judge.

After accepting the government's offer to settle his suit for wrongful disclosure of tax information, Scott McLarty petitioned for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, or, alternatively, under 26 U.S.C. § 7430. Applying the latter statute, the district1 court denied the petition on the ground that the government's litigation position was substantially justified...

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