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SHOOTING STAR RANCH, LLC v. U.S.

No. 99-1197.

230 F.3d 1176 (2000)

The SHOOTING STAR RANCH, LLC, Plaintiff-Appellant, v. UNITED STATES of America; United States Forest Service, an agency of the United States Department of Agriculture; Dan Glickman, Secretary of the Department of Agriculture; Michael Dombeck, Chief of the Forest Service; Elizabeth Estill, Regional Forester in the Rocky Mountain Region of the Forest Service; Jerry Schmidt, Forest Supervisor for the Routt and Medicine Bow National Forests, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 17, 2000.

Attorney(s) appearing for the Case

Submitted on the briefs:

Karen Budd-Falen of Budd-Falen Law Offices, P.C., Cheyenne, Wyoming, for Plaintiff-Appellant.

Thomas L. Strickland, United States Attorney, Michael E. Hegarty, Assistant United States Attorney, Denver, Colorado, for Defendants-Appellees.

Before BALDOCK, KELLY, and HENRY, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiff The Shooting Star Ranch settled a quiet title action against various entities of the United States and then sought attorney fees and costs in the district court pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The district court denied plaintiff's claim, holding it had failed to establish that it met the financial requirements of the EAJA and thus was not a party eligible for an award of costs and fees...

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