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ABERNATHY v. CLARKE

No. 87-3055.

857 F.2d 237 (1988)

William C. ABERNATHY, Plaintiff-Appellant, v. Robert L. CLARKE, Comptroller of the Currency, Dept. of Treasury, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 21, 1988.

Attorney(s) appearing for the Case

Thomas Parks Jennings, for plaintiff-appellant.

Rosa M. Koppell, Office of the Comptroller of the Currency (Eugene M. Katz, Office of the Comptroller of the Currency, Washington, D.C., Henry E. Hudson, U.S. Atty.; Paula P. Newett, Asst. U.S. Atty., Alexandria, Va., on brief), for defendant-appellee.

Before WILKINS, Circuit Judge, HAYNSWORTH, Senior Circuit Judge, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

WILKINS, Circuit Judge:

William C. Abernathy appeals the denial of his application for attorney's fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C.A. § 2412 (West 1978 & Supp.1988). We affirm the denial of attorney's fees, but reverse and remand for an award of costs.

I.

Abernathy owned 12 shares of stock in the First National Bank of Fordyce in 1983 when two-thirds of the shareholders voted to transfer their stock to...

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