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U.S. v. 640.00 ACRES OF LAND, IN DADE COUNTY, FLA.

No. 82-5510.

756 F.2d 842 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. 640.00 ACRES OF LAND, MORE OR LESS, IN the COUNTY OF DADE, STATE OF FLORIDA; and Virginia Land Company, and Unknown Owners, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 3, 1985.

Attorney(s) appearing for the Case

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern, P.A., Thomas B. Bourque, Carl K. Hoffmann, Miami, Fla., for defendants-appellants.

Jacques B. Gelin, Robert L. Klarquist, Attys., App. Sec. Lands Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before GODBOLD, Chief Judge, JOHNSON and CLARK, Circuit Judges.

CLARK, Circuit Judge:

This is an appeal from a denial of attorneys' fees in a condemnation proceeding. The issues are whether the Equal Access to Justice Act (EAJA)1 permits a landowner to recover attorneys' fees in condemnation cases and, if so, whether the landowner in this case is nevertheless not entitled to an award because the government's position was "substantially justified" or because

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