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IN RE DAVIS

No. 89-8359.

899 F.2d 1136 (1990)

In re David Larry DAVIS, Debtor. Charles A. GOWER, Trustee, Plaintiff-Appellee, v. FARMERS HOME ADMINISTRATION, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 30, 1990.

Attorney(s) appearing for the Case

Lillian Lockary, Asst. U.S. Atty., Macon, Ga., Robert M. Loeb, William Kanter, U.S. Dept. of Justice, Civil Appellate Staff, Washington, D.C., for defendant-appellant.

Charles A. Gower, Columbus, Ga., J. Patrick Ward, Loftiss, Van Heiningen & Ward, Cairo, Ga., T. Jefferson Loftiss, II, Loftiss, Van Heiningen & Ward, Thomasville, Ga., for plaintiff-appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

JOHNSON, Circuit Judge:

The Farmers Home Administration ("FmHA") appeals from the district court's affirmance of the bankruptcy court's award of attorney's fees to Charles A. Gower, the Trustee of the Bankruptcy Estate of David Larry Davis, under the Equal Access to Justice Act, 28 U.S.C.A. § 2412 (West Supp.1989) ("EAJA").

I. STATEMENT OF THE CASE

Davis, a farmer, borrowed $985,000 from FmHA in 1981. It was later determined that Davis defrauded...

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