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MATTER OF ESMOND

No. 84-1678. Summary Calendar.

752 F.2d 1106 (1985)

In the Matter of Steven Earl ESMOND and Cynthia Lee Esmond, formerly Cynthia Lee Freeman, Debtors. UNITED STATES SMALL BUSINESS ADMINISTRATION, Plaintiff-Appellee, v. Steven Earl ESMOND and Cynthia Lee Esmond, formerly Cynthia Lee Freeman, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 15, 1985.

Attorney(s) appearing for the Case

Robert R. Truitt, Jr., Midland, Tex., for defendants-appellants.

Harold O. Atkinson, Asst. U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

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

GARWOOD, Circuit Judge:

This is an appeal from an order of the United States District Court for the Western District of Texas affirming the judgment of the United States Bankruptcy Court for the Western District of Texas which denied a motion for attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. We reverse and remand.

FACTS AND PROCEEDINGS BELOW

Appellants, Steven Earl Esmond and Cynthia Lee Esmond, a young couple...

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