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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)

Citation
Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Parent Document
Fletcher Hill, Inc. v. Crosbie, 178 Vt. 77 (2005)
Jurisdiction
Vermont (state)
Effective Date
2005-01-14

Other Sections in This Document (57)

Full Text

542 chars
We have seen nothing to suggest that Congress sought to draw any fine distinction between “prevailing party” and “substantially prevail.” The Internal Revenue Code, for instance, defines “prevailing party” to mean a party who has “substantially prevailed.” ... Consistent with our practice (and the Supreme Court’s) of viewing the various fee-shifting statutes as interchangeable, we have in the past treated the “substantially prevail” language in FOIA as the functional equivalent of the “prevailing party” language found in other statutes.