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U.S. v. CHARLES GYURMAN LAND & CATTLE CO.

No. 86-1291.

836 F.2d 480 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. CHARLES GYURMAN LAND & CATTLE COMPANY, et al., Defendants-Appellees, 5,063.17 Acres of Land, More or Less, Situate in Las Animas County, Colorado Henry Wacker; Gerald Dixon; Veronica Goodrich; Judy Marie Wood; Kathleen Ann Velles, et al., Defendants.

United States Court of Appeals, Tenth Circuit.

December 30, 1987.

Attorney(s) appearing for the Case

Maria A. Iizuka, Dept. of Justice Land & Natural Resources Div., Washington, D.C. (F. Henry Habicht II, Asst. Atty. Gen., Washington, D.C.; Robert N. Miller, U.S. Atty. and James Cage, Asst. U.S. Atty., Denver, Colo., Thomas P. Carolan and Dirk D. Snel, Dept. of Justice Land & Natural Resources Div., Washington, D.C., with her, on the brief), for plaintiff-appellant.

Marlin D. Opperman (William M. Schell with him, on the brief), of Opperman & Associates, P.C., Denver, Colo., for defendants-appellees.

Before McKAY, SEYMOUR and BALDOCK, Circuit Judges.

SEYMOUR, Circuit Judge.

Charles Gyurman Land & Cattle Co. (Gyurman) was awarded $50,000 in attorney's fees as a prevailing party under the Equal Access to Justice Act (EAJA) in a condemnation case. The United States appeals, arguing that an improper standard was used to determine whether the government's position was substantially justified. We reverse and remand.

I.

The EAJA provides, in part, that

"a court shall award to a prevailing...

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