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Speedwell Inc. v. Mosbacher

filed: July 18, 1991.

SPEEDWELL, INC., PLAINTIFF-APPELLANT,
v.
ROBERT A. MOSBACHER, SECRETARY OF COMMERCE, DEFENDANT-APPELLEE



Appeal from the United States District Court for the Western District of Washington; Barbara J. Rothstein, District Judge, Presiding; DC No. CV-90-0399-BJR.

D. W. Nelson, Noonan and T. G. Nelson, Circuit Judges.

Order

This appeal is dismissed as moot. Headwaters, Inc. v. Bureau of Land Management, 893 F.2d 1012 (9th Cir. 1989); Sample v. Johnson, 771 F.2d 1335 (9th Cir. 1985), cert. denied, 475 U.S. 1019 (1986).

Speedwell's request for attorneys' fees is denied because the Secretary's position was substantially justified in that it had a reasonable basis both in law and fact. Pierce v. Underwood, 487 U.S. 552, 565 (1988); Bay Area Peace Navy v. United States, 914 F.2d 1224, 1230 (9th Cir. 1990).

DISMISSED

19910718

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