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U.S. v. SHERBURNE

No. 06-30534.

506 F.3d 1187 (2007)

UNITED STATES of America, Plaintiff-Appellant, v. Scott F. SHERBURNE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 6, 2007.

Attorney(s) appearing for the Case

Eric B. Wolff, Assistant United States Attorney, Billings, MT, for the plaintiff-appellant.

Patrick F. Flaherty, Attorney at Law, Great Falls, MT, for the defendant-appellee.

Before: B. FLETCHER, ARLEN C. BEAM, and PAMELA ANN RYMER, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

This appeal by the government is from the district court's grant of attorney's fees to Scott Sherburne under the Hyde Amendment, Pub.L. 105-119, Title VII § 617, 111 Stat. 2519 (codified at 18 U.S.C. § 3006A Note). We reverse.

Blaze Construction ("Blaze") submitted an application for federal grant funds under a Department of Housing and Urban Development ("HUD") program designed to fund the construction of private...

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