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U.S. v. 329.73 ACRES, GRENADA AND YALOBUSHA CTYS

No. 80-3520.

704 F.2d 800 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. 329.73 ACRES OF LAND, SITUATED IN GRENADA AND YALOBUSHA COUNTIES, STATE OF MISSISSIPPI, and J.G. Carter, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 12, 1983.

Attorney(s) appearing for the Case

Maria A. Iizuka, James W. Moorman, Jacques B. Gelin, Dept. of Justice, Lands Div., Washington, D.C., for plaintiff-appellant.

Oscar P. Mackey, Jackson, Miss., E. Russell Blair, Oxford, Miss., Jim R. Bruce, Kennett, Mo., for defendants-appellees.

Before CLARK, Chief Judge, BROWN, GEE, RUBIN, REAVLEY, POLITZ, RAN-DALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGINBOT-HAM, Circuit Judges.

TATE, Circuit Judge:

On the appeal in this eminent domain proceeding, the defendant landowner moves for the recovery of attorneys' fees and litigation expenses against the United States, the condemnor. The landowner's motion is based upon section 204(a) of the Equal Access to Justice Act of 1980 (the "Act"), 28 U.S.C. § 2412(d)(1)(A), which provides that a court "shall" award such expenses to a "prevailing party" against the United States in any non-tort...

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