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U.S. v. J.H.T., INC.

No. 88-5548.

872 F.2d 373 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. J.H.T., INC., a Florida Corporation, E.U. Timmons, an individual, Ronald Gillman and Upper Keys Marine Construction, Inc., a Florida corporation, Defendants, Sunland Estates, Inc., a Florida corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 3, 1989.

Attorney(s) appearing for the Case

Richard Harrison, Asst. U.S. Atty., Miami, Fla., Maria A. Iizuka, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for plaintiff-appellant.

Mallory H. Horton, Horton, Perse & Ginsberg, Miami, Fla., for defendant-appellee.

Before VANCE and COX, Circuit Judges, and DYER, Senior Circuit Judge.

DYER, Senior Circuit Judge:

The United States appeals a district court order which awarded Sunland Estates, Inc.1 fees and costs in the amount of $25,610.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (1982). The United States argues that the fee application was time barred by the Act. We agree and reverse.

In 1971, J.H.T., Inc. dredged a canal in southern Florida and placed fill below the mean high water...

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