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U.S. v. 31.63 ACRES OF LAND

No. 85-1640.

840 F.2d 760 (1988)

UNITED STATES of America, Plaintiff/Appellee, v. 31.63 ACRES OF LAND, More or Less, Situate in Oklahoma County, State of Oklahoma; C.M. Faris, Administrator of Clarence R. Faris, a/k/a Clarence Ray Faris, a/k/a Clarence Ray Farris, Deceased; Mary Nekvapil, a/k/a Mary Nekvipil; William C. Peddicord; Thomas I. Baker; Carol B. Cardenas; Jerry W. Baker; Marguerite Baker; Henry Nekvapil; Ira W. Baker Estate; Heirs of Ira W. Baker; County Treasurer & Board of County Commissioners, Oklahoma County; Southwest Title & Trust Company, Trustee; Richard Ledbetter, a/k/a Richard K. Ledbetter; James E. Jordan; and James Gregory, Defendants, Tinker Area Investors, Defendant/Appellant.

United States Court of Appeals, Tenth Circuit.

February 26, 1988.

Attorney(s) appearing for the Case

Thomas E. Hookano, Acting Asst. Atty. Gen., William S. Price, U.S. Atty., and John E. Green, Asst. U.S. Atty., Oklahoma City, Okl., Robert L. Klarquist and Jacques B. Gelin, Dept. of Justice, Washington, D.C., for plaintiff/appellee U.S.

LeRoy Powers and Charles D. Crandall, Oklahoma City, Okl., for defendant/appellant Tinker Area Investors.

Before McKAY, LOGAN and ANDERSON, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

This is an appeal from the district court's order denying defendant landowner's motion for relief under Fed.R.Civ.P. 60(b) from an earlier order that denied a request for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. The sole issue on appeal is whether the district court abused its discretion in denying relief. We find no abuse of discretion and...

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