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U.S. v. ONE 1985 CHEVROLET CORVETTE

No. 89-1920.

914 F.2d 804 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. ONE 1985 CHEVROLET CORVETTE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 20, 1990.

Attorney(s) appearing for the Case

Karl R. Overman, Asst. U.S. Atty. (argued), Detroit, Mich., for plaintiff-appellant.

Richard M. Lustig (argued), Lustig & Friedman, Birmingham, Mich., for defendant-appellee.

Before KENNEDY and MILBURN, Circuit Judges, and WEBER, District Judge.

MILBURN, Circuit Judge.

The United States of America appeals the district court's award of costs and attorney fees to the claimant, Michael Stephanian, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A), following the district court's judgment denying forfeiture of Stephanian's vehicle under 21 U.S.C. § 881(a)(4). For the reasons that follow, we vacate the award of costs and attorney fees.

I.

The defendant vehicle, one...

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