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AUKE BAY CONCERNED CITIZEN'S ADVISORY COUNCIL v. MARSH

No. 84-3812.

779 F.2d 1391 (1986)

AUKE BAY CONCERNED CITIZEN'S ADVISORY COUNCIL, Plaintiff-Appellant, v. John MARSH, Jr., Secretary of the Army; Lt. Gen. Joseph Bratton, Chief of the Corps of Engineers; Col. Lee R. Nunn, District Engineer for Alaska; and Lt. Col. Joseph L. Perkins, Engineer for the District of Alaska; State of Alaska, Department of Environmental Conservation, Defendants-Appellees, and State of Alaska, Department of Transportation and Public Facilities, Intervenor/Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed March 12, 1985.

Withdrawn May 28, 1985.

Decided January 7, 1986.

Attorney(s) appearing for the Case

Richard M. Burnham, Findley & Burnham, Juneau, Alaska, for plaintiff-appellant.

Albert M. Ferlo, Jr., Dept. of Justice, Land & Resources Div., Appellate Section, Washington, D.C., for defendants-appellees.

Before WRIGHT and TANG, Circuit Judges, and CROCKER, District Judge.

OPINION

TANG, Circuit Judge:

Auke Bay Concerned Citizen's Advisory Council (Auke Bay) appeals judgment from the district court denying its motion for an award of attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1982). Because Auke Bay's filing was timely under the language of EAJA, we reverse and remand.

FACTS

Appellant filed a complaint in district court in March, 1982 requesting that the construction...

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