United States v. Hardrives, Inc. Raymond Hite Kenneth Locke

8 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant, v. HARDRIVES, INC.; Raymond Hite; Kenneth Locke, Defendants-Appellees. No. 92-15224. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 15, 1993. Decided Sept. 30, 1993. Before: GOODWIN, HUG and FLETCHER, Circuit Judges MEMORANDUM * The United States appeals the district court's award of attorneys' fees to government contractor Hardrives, Inc. under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (d). The court awarded attorneys' fees following its dismissal of the government's fraud action against Hardrives alleging the submission of false claims for equitable adjustments to the construction contract in violation of the Contract Disputes Act, 41 U.S.C. § 604 , and the False Claims Act, 31 U.S.C. § 3729 . The government argues that the district court abused its discretion by finding the United States not substantially…