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DELTA ENGINEERING v. U.S.

No. 93-2076.

41 F.3d 259 (1994)

DELTA ENGINEERING, a partnership; Katherine Martin Lipka, individually and as a partner in Delta Engineering; and Emil Frederick Platske, Petitioners-Appellants, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 1, 1994.

Attorney(s) appearing for the Case

William A. Cohan (argued and briefed), Cohan & Greene, Encinitas, CA, for petitioners-appellants.

Donald A. Davis, Asst. U.S. Atty. (argued and briefed), and Daniel M. LaVille, Office of the U.S. Atty., Grand Rapids, MI, for respondent-appellee.

Before: MARTIN and SUHRHEINRICH, Circuit Judges; and JORDAN, District Judge.

SUHRHEINRICH, Circuit Judge.

Petitioners Delta Engineering, its partner Katherine Lipka and her father Emil Platske, the previous sole-proprietor, appeal the district court order denying them attorneys' fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. Petitioners contend that the district court erred in finding that the government was "substantially justified" in seeking a warrant to search...

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