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OWEN v. U.S.

Appeal No. 87-1405.

861 F.2d 1273 (1988)

William Eugene OWEN, as Executor of the Estate of Caroline Pearson Payne, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 25, 1988.

Attorney(s) appearing for the Case

Kenneth A. Pels, Borzilleri, Baker & Pels, Washington, D.C., argued, for plaintiff-appellant. With him on the brief, was Andrew F. Reish.

Maria A. Iizuka, Dept. of Justice, Washington, D.C., argued, for defendant-appellee. With her on the brief, were Roger J. Marzulla, Acting Asst. Atty. Gen., Frank W. Donaldson, U.S. Atty., Birmingham, Ala., Patricia N. Young and Martin W. Matzen. Also on the brief, was Carolyn J. Lynch, U.S. Army Corps of Engineers, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, FRIEDMAN, RICH, SMITH, NEWMAN, BISSELL, ARCHER and MAYER, Circuit Judges, and BENNETT, Senior Circuit Judge.

PER CURIAM.

Appellant's counsel having succeeded on appeal in overturning a Claims Court judgment for the defendant in this taking case, Owen v. United States, 851 F.2d 1404 (Fed.Cir.1988), now moves for attorney fees, expenses, and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Supp. IV 1986). We deny and dismiss the motion.

OPINION

In a civil action other than tort the EAJA provides...

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