remained] undistributed.” Id. “The only legitimate purpose of a deadline in this context is to prevent applications from continuing to trickle in after the Secretary is ready to distribute the fund. Since the deadline set by the Secretary bore absolutely no relationship to a realistic date of distribution, it was arbitrary.” Id. at 903 n. 4 (emphasis added). Subsequent events proved the wisdom of the Eighth Circuit decision, with 5,147 more lineal descendants being found eligible to share as a result of the Eighth Circuit decision, with there having initially been 1,969 eligible lineal descendants. Based upon the above, the Court does not find that the Defendants have met their burden of proving that the Secretary’s actions were substantially justified. See Role Models, 353 F.3d at 968 (<HOLDING>). Additionally, the Court does not find that
holding the fourteenth amendment does not apply to the actions of the federal government holding the government must demonstrate the defendant knew of the characteristics of the firearm that required it to be registered recognizing that the government  must demonstrate the reasonableness not only of its litigation position but also of the agencys actions   recognizing that the government agreed not to take a position holding that the evidence must be sufficient to support the agencys findings of fact and that the agencys inferences from those facts must be reasonable