Labels:book | reckoner | sky OCR: recovery of full by I0 against any party other than the United States officer thereof. U.S.C 505 (emphasis added) short, the presumption of ratification plainly applicable here: Congress reenacted. without change the attorney fees provision Section 116 even comprehensively revised much nt the Tesi of statute (including the adjoining costs provision) Under those circumstances, Congress must presumed have adopted the established judicial construction the attoney fee provision. And that judicial construction, as we now show was uniformty identical the rule applied by the Ninth Circuit in this case Prior the 1976 reenactment, it was firmly established that prevailing defendants should not be awarded attorney fees unless the plaintiff s clain was entirely without merit or vexa tiously brought. ...
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