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CLARK v. BUSEY

No. 90-16421.

959 F.2d 808 (1992)

Ronald J. CLARK, Plaintiff-Appellant, v. James B. BUSEY, Administrator, Federal Aviation Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 25, 1992.

Attorney(s) appearing for the Case

Lawrence B. Smith, Tucson, Ariz., for plaintiff-appellant.

Harry S. Gold, Office of the Chief Counsel, F.A.A., Washington, D.C., for defendant-appellee.

Before BOOCHEVER and NORRIS, Circuit Judges, and GILLIAM, District Judge.

BOOCHEVER, Circuit Judge:

Ronald Clark appeals the district court's denial of his motion for costs and attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Clark's request for an EAJA award followed the dismissal without prejudice of his lawsuit against the FAA upon the FAA's voluntary agreement to give Clark the relief he sought. We affirm the denial of an EAJA award because the district court lacked jurisdiction over Clark's suit...

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