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IN RE GREWE

No. 93-1223.

4 F.3d 299 (1993)

In re Henry Robert GREWE; In re Cathy Anne GREWE, his wife, Debtors. Henry Robert GREWE; Cathy Anne Grewe, his wife, Plaintiffs-Appellees, v. UNITED STATES of America, on Behalf of its agency, Internal Revenue Service, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 3, 1993.

Attorney(s) appearing for the Case

Joy Lea Pritts, Tax Div., U.S. Dept. of Justice, Washington, DC, argued (Michael L. Paup, Acting Asst. Atty. Gen., Gary R. Allen, Kenneth L. Greene, Tax Div., U.S. Dept. of Justice, on brief), for defendant-appellant.

Martin Patrick Sheehan, Volk, Frankovitch, Anetakis, Recht, Robertson & Hellerstedt, Wheeling, WV, argued (John H. Kamlowsky, on brief), for plaintiffs-appellees.

Before HAMILTON, LUTTIG, and WILLIAMS, Circuit Judges.

OPINION

HAMILTON, Circuit Judge:

The issue presented in this appeal focuses on which statute governs the attorneys' fee request of the appellees, Henry and Cathy Grewe (the Grewes). The district court, in adopting the recommendation of the bankruptcy court, ruled that the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(b), controlled. On appeal, the Internal Revenue Service (IRS) claims that the Internal...

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