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U.S. v. 0.376 ACRES OF LAND

No. 86-5905.

838 F.2d 819 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. 0.376 ACRES OF LAND, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 26, 1988.

Attorney(s) appearing for the Case

Bernard E. Bernstein (argued), Allyn Lay, Bernstein, Susano & Stair, Beverly S. Burbage (argued), Richard T. Beeler (Knox Co.) Knoxville, Tenn., for defendants-appellants.

Thomas P. Carolan, Vicki L. Plaut (argued) U.S. Dept. of Justice, Land and Natural Resources Div., Robert L. Klarquist, Washington, D.C., for plaintiff-appellee.

Before MERRITT, KRUPANSKY and NELSON, Circuit Judges.

DAVID A. NELSON, Circuit Judge.

This is an appeal from a district court order denying the award of attorney fees in three eminent domain cases. Each of the landowners was a "prevailing party" within the definition set forth in 28 U.S.C. § 2412(d)(2)(H), but the district court declined to award fees and expenses under the Equal Access to Justice Act because the court found that the government had sustained its burden of showing that its position in the proceedings...

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