Court of Appeals for the Eighth Circuit March 6, 1987, No. 85-5395 (Granville House, Inc. v. Department of Health, Education & Welfare)

HEANEY, Circuit Judge.

Granville House, Inc. seeks to recover attorneys’ fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, relying on the “common fund” theory, and on their assertion that the government’s position throughout this litigation was not “substantially justified.” The district court rejected Granville’s contentions and this appeal followed.