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U.S. v. REAL PROPERTY AT 2659 ROUNDHILL DR.

No. 00-16772.

283 F.3d 1146 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. REAL PROPERTY AT 2659 ROUNDHILL DRIVE, ALAMO, CALIFORNIA, Defendant-Appellee, Robert Fitzstephens; Wilson Young; Keith Slipper; Joseph Ippolito; Michael Thaler; Mark Schwab, Claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 18, 2002.

Attorney(s) appearing for the Case

Robert S. Mueller, III, U.S. Attorney; Robert D. Ward, Assistant U.S. Attorney; J. Douglas Wilson, Assistant U.S. Attorney for the Northern District of California, San Francisco, CA, for the appellant.

Dena R. Thaler, Law Office of Dena R. Thaler, Oakland, CA, for the appellees.

Before WOOD, Jr., KOZINSKI, and O'SCANNLAIN, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Dissent by Judge KOZINZKI.

O'SCANNLAIN, Circuit Judge:

We are asked to decide whether the litigation position of the United States Department of Justice was substantially justified when it continued to advance a forfeiture claim after the Supreme Court clarified the law to the contrary.

I

The United States appeals from the district court's judgment, pursuant to 28 U.S.C. § 2412(d)(1)(A) of the Equal Access...

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