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U.S. v. 341.45 ACRES OF LAND, ST. LOUIS CTY., MINN.

Nos. 82-1919, 83-1519.

751 F.2d 924 (1984)

UNITED STATES of America, Appellee, v. 341.45 ACRES OF LAND, MORE OR LESS, LOCATED IN the COUNTY OF ST. LOUIS, STATE OF MINNESOTA, Edward M. Essling, et al., Appellants. Tract Nos. 03-117, 60-117, 60-122. UNITED STATES of America, Appellee, v. 21.90 ACRES OF LAND, MORE OR LESS, LOCATED IN the COUNTY OF KOOCHICHING, STATE OF MINNESOTA, Iona M. Dobis, et al., Appellants. Tract No. 69-114. UNITED STATES of America, Appellee, v. 234.55 ACRES OF LAND, MORE OR LESS, SITUATE IN UNION COUNTY, STATE OF ARKANSAS, et al., and Unknown Owners Salmar Oil Corporation, Appellant. Tract No. 303.

United States Court of Appeals, Eighth Circuit.

Decided December 28, 1984.

Attorney(s) appearing for the Case

Robert V. Light, Little Rock, Ark., for appellant Salmar Oil Corp.

David Essling, St. Paul, Minn., for appellants.

James M. Rosenbaum, U.S. Atty., Donald F. Paar, Asst. U.S. Atty., Minneapolis, Minn., Robert L. Klarquist, Thomas H. Pacheco, Attys., Dept. of Justice, Washington, D.C., W. Asa Hutchinson, U.S. Atty., J. Michael Fitzhugh, Asst. U.S. Atty., Fort Smith, Ark., Carol E. Dinkins, Asst. Atty. Gen., Raymond N. Zagone, Robert L. Klarquist, Virginia P. Butler, Attys., Dept. of Justice, Washington, D.C., for appellee.

Before McMILLIAN, JOHN R. GIBSON and FAGG, Circuit Judges.

McMILLIAN, Circuit Judge.

These cases have been consolidated for purposes of appeal. In each case the district court denied the property owner's motion for costs, attorney's fees and expenses incurred in connection with the litigation of a condemnation action under the Equal Access to Justice Act (hereinafter the Act or the EAJA), 28 U.S.C. § 2412 (Supp. V 1981). In each case the district court held that the Act did not apply to condemnation actions and denied...

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