UNITED STATES v. 5,507.38 ACRES OF LAND

Civ. A. No. L-81-73.

643 F.Supp. 266 (1986)

UNITED STATES of America, Plaintiff, v. 5,507.38 ACRES OF LAND, MORE or LESS, IN LIVE OAK and McMULLEN COUNTIES, STATE of TEXAS, Charles T. Lark, Jr., et al., and All Unknown Owners or Claimants In and To Said Lands or Any Part Thereof, Defendants.

United States District Court, S.D. Texas, Laredo Division.

August 14, 1986.


Attorney(s) appearing for the Case

Jack Shepherd and Frances H. Stacy, Asst. U.S. Attys., Houston, Tex., Aaron S. Bennett, Atty., Dept. of Justice, Land and Natural Resources Div., Washington, D.C., Robert E. Bearnth and Richard J. Dobson, Com'rs, Houston, Tex., for the U.S.

Norman Jones, Bellaire, Tex., for McFadden Oil Corp., Harmony Drilling Co., Inc., and Gen. American Technologies, Inc.

C.G. House and R.L. House, San Antonio, Tex., for Blanche G. Lark, Hedda G. Lark, Indiv. & as Indep. Executrix under the will of George H. Lark, Dec.; Mary K. Kellogg and Provident Nat. Bank, Indiv. & as Joint Trustees under will of Mabel L. Gies, Dec.; R.L. House; R.H. Mercer; C.G. House; Roberts, Lee House Benson & C.G. House, Trustee, for Rosemary Clyde House Brevard.

M.W. Meredith, Jr., Corpus Christi, Tex., for Lomex Corp. and Caithness Corp.

Frank Weatherred, Corpus Christi, Tex., for Parker-Knupke Uranium.

Douglas K. Womack, Houston, Tex., for McFadden Oil Corp., Harmony Drilling Co., Inc., General American Technologies, Ltd. and Eugene Burch Downman.

Walter G. Lagerquist, Jr., San Antonio, Tex., and Roger L. Easterday, Austin, Tex., for R.P. Lightfoot, Jr., Kathryn D. Murray, James K. Naylor, Jr. & Joe Myatt Naylor, Walter G. Lagerquist, Jr., Skylark Oil Co. and South Coast Gas Co., Light Stephenson, Jr., Grubstake Inv. Asso., Inc., and Betty Sue Dickerson.

Harry J. Schulz, Schulz & Schulz, Three Rivers, Tex., for Daphne N. Smolen, Harry J. Schulz, Bryan Boyd, Advance Oil & Gas Co., L.H. Looney, Inc., and L.H. Looney.


MEMORANDUM AND ORDER

KAZEN, District Judge.

Presently pending are the Defendants' applications for attorney's fees and expenses, and the Government's motion for summary judgment on that issue. On July 15, 1986, this Court concluded that these petitions were premature because the judgment was appealable, and therefore was not a "final judgment" under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(2)(G). (Docket Entry 380). At that time,...

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