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NAIL v. MARTINEZ

No. 04-60178.

391 F.3d 678 (2004)

J. Stephen NAIL, et al., Plaintiffs, Intervest Corporation, Plaintiff-Appellant, v. Melquiades R. MARTINEZ, Secretary, Department of Housing & Urban Development, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 19, 2004.

Attorney(s) appearing for the Case

Michael Thomas Dawkins (argued), Clarence Lee Lott (argued), Baker, Donelson, Bearman, Caldwell & Berkowitz, Jackson, MS, E. Grey Lewis, Law Offices of E. Grey Lewis, Alexandria, VA, for Plaintiff-Appellant.

Michael Eugene Robinson, Michael Jay Singer, Anthony Alan Yang (argued), U.S. Dept. of Justice, Civ. Div.-App. Staff, Washington, DC, for Defendant-Appellee.

Before GARWOOD, JOLLY and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal raises issues relative to a defendant's right to recover attorney's fees against the government under the Equal Access to Justice Act ("EAJA"). Intervest Corporation ("Intervest") manages several properties that receive subsidies from the federal Department of Housing and Urban Development ("HUD"). On January 3, 2002, HUD debarred both Intervest and J. Stephen Nail, Intervest's sole shareholder and president. Intervest and...

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