Court of Appeals for the Fifth Circuit October 23, 1985, 84-1345 (Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation Board)

THORNBERRY, Circuit Judge.

In our initial opinion, we found (1) that the phrase “position of the United States” in the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A) (1982) (repealed 1984), meant the government’s litigation position, and not its underlying action; and (2) that appellee National Mediation Board’s litigation position was substantially justified.