No. 10-2153.

642 F.3d 907 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Melissa Leigh HARRELL, Unknown Owner; Donald Harrell, and his Wife, Maryana N. Harrell; George Thompson, III, and his Wife Betty Thompson; Claire G. Meador; Jack Gullahorn, and his Wife Patti Gullahorn; Edward (Bubba) Deway Spears, Personal Representative of the Estate of Lois D. Spears, Deceased; Ronald J. Harrell; Debbie Harrell Evans, Independent Co-executor of the Estate of Joab B. Harrell, Jr., Deceased, and Estate of Marie S. Harrell, Deceased, Defendants-Appellants, and 99,223.7238 Acres of Land, more or less in Sandoval and Rio Arriba Counties, New Mexico; Magma Power Company, a Nevada Corporation—Unknown Owner; Ernestine Birdsey Phinney; Ann Temesi, Unknown Owner; James P. Dunigan, JBD Trust, TFP Trust, WRD Trust, JAP Security Trust—Unknown Owners; Public Service Company of New Mexico, Unknown Owner; Sandoval County, Unknown Owner—Attn: Lorraine Dominguez, Treasurer; Rio Arriba County, Unknown Owner—Attn: Livia Olguin, Treasurer; State of New Mexico Taxation and Revenue Department; Geoproducts of New Mexico, Inc., Gregory J. Nibert, Registered Agent, Defendants.

United States Court of Appeals, Tenth Circuit.

April 29, 2011.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Andrew J. Cloutier , James M. Hudson , Lucas M. Williams of Hinkle, Hensley, Shanor and Martin, L.L.P., Roswell, NM, for Defendants-Appellants.

Ignacia S. Moreno , Assistant Attorney General, Kristin R. Muenzen , Jeffrey M. Tapick , Brian C. Toth , Attorneys, U.S. Department of Justice, Environment and Natural Resources Division, Washington, D.C., for Plaintiff-Appellee.

Before HOLMES and McKAY, Circuit Judges, and PORFILIO, Senior Circuit Judge.

McKAY, Circuit Judge.

This appeal asks us to consider whether the defendant-appellant property owners were the "prevailing party" in this case, as that term is defined for eminent domain proceedings under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(2)(H). The district court determined that appellants were not the prevailing party, even though the court had awarded them a judgment for approximately $3...

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