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ABEX CORP. v. SKI'S ENTERPRISES, INC.

No. 84-1787.

748 F.2d 513 (1984)

ABEX CORPORATION, Plaintiff-Appellee, v. SKI'S ENTERPRISES, INC., et al. Defendants, and UNITED STATES of America, Defendant-Appellant, v. Walton SHIM and Sandra Shim, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 27, 1984.

Attorney(s) appearing for the Case

David Waters, Goodsill, Anderson, Quinn & Stifel, Honolulu, Hawaii, for Abex.

Larry C.Y. Lee, Honolulu, Hawaii, for Shim.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Chief, App. Sec., William S. Estabrook, III, Atty., Farley P. Katz, Atty., Washington, D.C., for defendant-appellant.

Before HUG, TANG and SCHROEDER, Circuit Judges.

TANG, Circuit Judge:

The government appeals the award of attorney fees to private parties in an interpleader action. The issue presented is whether the Equal Access to Justice Act, 28 U.S.C. § 2412, authorizes an award of attorney fees to an interpleader party out of the interpleader fund before satisfaction of preexisting federal tax liens. We reverse.

I.

Abex Corporation contracted with the State of Hawaii for construction of loading bridges...

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