U.S. v. 88.88 ACRES OF LAND

No. 89-15141.

907 F.2d 106 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. 88.88 ACRES OF LAND, More or Less; State of California; Edward Ordway, Jr., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1990.


Attorney(s) appearing for the Case

Dirk Snel, United States Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Donald Pach, John D. Fairbrook, Baldassaro "Bill" DiCapo, McKinley, Gay, Keitges & Pach, Sacramento, Cal., for defendants-appellees.

Before BOOCHEVER, WIGGINS and NOONAN, Circuit Judges.


NOONAN, Circuit Judge:

The United States appeals a jury award of $1,404,190 in a condemnation proceeding and a portion of a fee award under the Equal Access to Justice Act, 28 U.S.C. § 2412 (Supp.1989) (EAJA). We find no merit in the government's challenges to the discretionary rulings on evidence of the district court and so affirm the money judgment for the condemnation. We publish this opinion only to address aspects of the EAJA award.

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