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U.S. v. 313.34 ACRES OF LAND

No. 88-3679.

889 F.2d 814 (1989)

UNITED STATES of America, Plaintiff-Appellant, v. 313.34 ACRES OF LAND, MORE or LESS, SITUATED in JEFFERSON COUNTY, STATE of WASHINGTON, Defendant, and Gary Smith; Janice Smith, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 8, 1989.

Attorney(s) appearing for the Case

Angus E. Crane, Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for plaintiff-appellant.

David H. Boyd, Murray, Dunham & Murray, and Mary Anne Vance, Seattle, Wash., for defendants-appellees.

Before GOODWIN, Chief Judge, WRIGHT, Senior Circuit Judge, and NORRIS, Circuit Judge.

GOODWIN, Chief Judge:

The government appeals an award, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A) (Supp. V 1987), of attorney and expert witness fees to the landowners in this action to condemn a large rock in Puget Sound which had become the site of a number of private homes. We affirm the award of fees, but remand for reconsideration of the amount awarded.

Gary and Janice Smith ("the Smiths") owned tract 2001 on Protection...

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