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U.S. v. 27.09 ACRES OF LAND IN TOWN OF HARRISON

No. 2204, Docket 94-6137.

43 F.3d 769 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. 27.09 ACRES OF LAND, MORE OR LESS, SITUATED IN the TOWN OF HARRISON AND the TOWN OF NORTH CASTLE; The County of Westchester, and unknown others, Defendants, Purchase Environmental Protective Association, Inc., Defendant-Intervenor-Appellant, Town of Harrison, Defendant-Intervenor.

United States Court of Appeals, Second Circuit.

Decided December 19, 1994.

Attorney(s) appearing for the Case

Donald W. Stever, Jr., New York City (Sidley & Austin, of counsel), for defendant-intervenor-appellant.

Diana J. Hassel, Asst. U.S. Atty. (Roger S. Hayes, U.S. Atty., Paul K. Milmed, Asst. U.S. Atty., S.D.N.Y., New York City, of counsel), for plaintiff-appellee.

Before: WINTER and JACOBS, Circuit Judges, and MUKASEY, District Judge.

JACOBS, Circuit Judge:

For the second time before this Court, defendant-intervenor-appellant Purchase Environmental Protective Association, Inc. (the "Association") appeals from an order of the United States District Court for the Southern District of New York (Lasker, J.), denying the Association's motion for an award of attorney's fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412 (Supp.1993) ("EAJA"). Earlier, we held the Association...

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