substantially justified

substantially justified
Test for whether government's litigation position is "substantially justified" within meaning of Equal Access to Justice Act provision governing award of attorney fees (28 U.S.C.A. No. 2412(dXlXA)) is one of reasonableness, under which government is required to establish that its position has reasonable basis both in law and in fact. Russell v. National Mediation Bd., C.A.Tex., 775 F.2d 1284, 1289.
Following 1985 amendments to Equal Access to Justice Act, in order to show that its position was "substantially justified" and thus be relieved from liability for fees of a prevailing opponent, Government must show not merely that its position was marginally reasonable, but that its position was clearly reasonable, well founded in law and fact, and solid though not necessarily correct. U.S. v. 1,378.65 Acres of Land, More or Less, Situate in Vernon County, State of Mo., C.A.Mo., 794 F.2d 1313, 1317.

Black's law dictionary. . 1990.

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