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U.S. v. ONE 1997 TOYOTA LAND CRUISER

No. 99-55661.

248 F.3d 899 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. One 1997 Toyota Land Cruiser, California License No. 3WMX630, Vin JT3HJ85J9Vo178775, its Cv-9 tools and appurtenances, Defendant, and Martha Irene Fereydouni, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2001.

Attorney(s) appearing for the Case

Richard M. Barnett, San Diego, California, for the claimant-appellant.

Gregory A. Vega, United States Attorney, Rupert A. Linley, Special Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: DOROTHY W. NELSON, MELVIN BRUNETTI and ALEX KOZINSKI, Circuit Judges.

Argued and Submitted December 5, 2000 — Pasadena, California.

OPINION

D.W. NELSON, Circuit Judge:

Martha Irene Fereydouni appeals the district court's denial of attorney's fees under a provision of the Equal Access to Justice Act ("EAJA") that permits an award of attorney's fees if "the demand by the United States is substantially in excess of the judgment finally obtained by the United States...

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