Unpublished Disposition, 940 F.2d 669 (9th Cir. 1991)
Annotate this CaseSPEEDWELL, INC., Plaintiff-Appellant,v.Robert A. MOSBACHER, Secretary of Commerce, Defendant-Appellee.
No. 90-35864.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted July 11, 1991.Decided July 18, 1991.
Before D.W. NELSON, NOONAN and THOMAS 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
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