U.S. v. MAROLF

No. 00-55730.

277 F.3d 1156 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Gary H. MAROLF, in re application for return of seized property 1981 Mango Motor sailboat named "Asmara," Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 17, 2002.


Attorney(s) appearing for the Case

Shawn R. Perez, Dana Point, California, for the defendant-appellant.

Elana Artson and Steven R. Welk, Assistant United States Attorneys, Los Angeles, California, for the plaintiff-appellee.

Before: JAMES R. BROWNING, FERDINAND F. FERNANDEZ and RAYMOND C. FISHER, Circuit Judges.


Argued and Submitted October 17, 2001 — Pasadena, California.

Opinion by Judge FISHER; Dissent by Judge FERNANDEZ

OPINION

FISHER, Circuit Judge:

The Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1), provides for an award of fees to a prevailing party in a suit against the United States unless the government's position was substantially justified. We hold that the scope of the underlying action that the court is to review...

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