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JAMES v. U.S. DEPT. OF HOUSING AND URBAN DEVELOP.

No. 85-7274 Non-Argument Calendar.

783 F.2d 997 (1986)

Marcelle JAMES, Plaintiff-Appellant, v. The UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 3, 1986.

Attorney(s) appearing for the Case

Joseph E. Carr, IV, Henry H. Caddell & John D. Stuebing, Legal Services Corp. of Ala., Mobile, Ala., for plaintiff-appellant.

Edward J. Vulevich, Jr., Asst. U.S. Atty., Mobile, Ala., for defendants-appellees.

Before FAY, JOHNSON and CLARK, Circuit Judges.

CLARK, Circuit Judge:

James appeals from a district court order denying his application for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (1982) (EAJA). Relying on dicta in Gold Kist, Inc. v. U.S. Department of Agriculture, 741 F.2d 344 (11th Cir.1984), modified, 751 F.2d 1155 (1985), the district court reasoned the fee application was untimely because...

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