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UNITED STATES v. FIRST NAT. BANK OF CIRCLE

No. 83-3507.

732 F.2d 1444 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. FIRST NATIONAL BANK OF CIRCLE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 9, 1984.

Attorney(s) appearing for the Case

Richard W. Perkins, Stanley S. Shaw, Jr., Dept. of Justice, Washington, D.C., for the U.S.

Thomas E. Towe, Towe, Ball, Enright & Mackey, Billings, Mont., for defendant-appellant.

Before WRIGHT, GOODWIN, and NORRIS, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

The First National Bank of Circle sought over $35,000 in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A) (Supp. IV 1980). The district court denied the award because it found the government's position substantially justified. We remand to the district court to specify its basis for finding substantial justification.

PROCEDURAL BACKGROUND

In February 1970, the Fort Belknap...

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