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UNITED STATES FOR HEYDT v. CITIZENS STATE BANK

No. 80-2192.

668 F.2d 444 (1982)

UNITED STATES of America For Jon P. HEYDT, Special Agent, Appellee, v. CITIZENS STATE BANK, Armin Moths and United States Taxpayers Union, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 15, 1982.

Attorney(s) appearing for the Case

Gregory G. Petersen & Associates by Gregory G. Petersen, Lee A. Morrison, San Diego, Cal., for appellants.

John F. Murray, Acting Asst. Atty. Gen., Michael L. Paup, William A. Friedlander, Farley P. Katz, Attys., Tax Div., Dept. of Justice, Washington, D.C., for appellee; James R. Britton, U.S. Atty., Fargo, N.D., of counsel.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and COLLINSON, Senior District Judge.

McMILLIAN, Circuit Judge.

This is an appeal by Armin Moths and the United States Taxpayers Union (USTU) from a denial of attorney's fees and costs requested under the Civil Rights Attorney's Fee Awards Act of 1976, 42 U.S.C. § 1988, entered in the District Court1 for the District of North Dakota. For reversal appellants argue that the district court erred in finding that they were not prevailing parties under the statute. Appellants...

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