Ranger Pub. Co., Inc. v. United States

24 F.3d 248 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. The RANGER PUBLISHING COMPANY, INC., a Washington corporation, Plaintiff-Appellee, and Tom Swarner, and Jane Swarner, and the marital community thereof; et al.; Defendant-Appellee, v. UNITED STATES of America; Richard Cheney, Secretary of the Department of Defense; Michael P.W. Stone, Secretary of the Department of the Army; Larry Else; Callum A.H. Waller, Commander, Fort Lewis, et al., Defendants-Appellants. No. 92-35440. United States Court of Appeals, Ninth Circuit. Submitted Nov. 5, 1993. * Decided May 2, 1994. Before: TANG, FARRIS, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 The United States appeals the district court's award of attorney's fees to Ranger Publishing Company ("Ranger") under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. Sec. 2412 . In three consolidated lawsuits, Ranger challenged several actions taken by the Army regarding Ranger's right to publish and distribute The Ranger at Ft.…