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PURCELL v. U.S.

No. 89-35163.

908 F.2d 434 (1990)

June PURCELL; Russell Purcell; Shaun Purcell, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 16, 1990.

As Amended July 18, 1990.

Attorney(s) appearing for the Case

Robert J. Elgee, Wishney & Elgee, Boise, Idaho, for plaintiffs-appellants.

Joanne P. Rodriguez, Asst. U.S. Atty., Boise, Idaho, for defendant-appellee.

Before KOELSCH, ALARCON and RYMER, Circuit Judges.

ALARCON, Circuit Judge:

June Purcell, Russell Purcell, and Shaun Purcell appeal from the district court's order denying their request for attorneys' fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The Purcells maintain that the district court erred in determining that their motion for return of property pursuant to Fed.R. Crim.P. 41(e) was a criminal proceeding and in denying their request for attorneys' fees under section 2412.

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