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U.S. v. PROP. LOCATED AT 4880 S.E. DIXIE HIGHWAY

No. 86-5245.

838 F.2d 1558 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. CERTAIN REAL ESTATE PROPERTY LOCATED AT 4880 S.E. DIXIE HIGHWAY, etc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 11, 1988.

Attorney(s) appearing for the Case

Leon B. Kellner, U.S. Atty., Linda Collins Hertz, Guy Harrison, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellant.

John F. Evans, Zuckerman, Spader, Taylor & Evans, Ronald B. Ravikoff, G. Richard Strafer, Miami, Fla., for defendant-appellee.

Before JOHNSON and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.

CLARK, Circuit Judge:

This is an appeal by the United States of an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(b), (d). The district court, 628 F.Supp. 1467, found that the United States' position in the underlying forfeiture action was not "substantially justified" within the meaning of 28 U.S.C. § 2412(d)(1)(A). As an alternative ground for awarding fees, the court...

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