Unpublished Disposition, 899 F.2d 1226 (9th Cir. 1990)

Annotate this Case
US Court of Appeals for the Ninth Circuit - 899 F.2d 1226 (9th Cir. 1990)

UNITED STATES of America, Plaintiff-Appellant,v.13.34 ACRES OF LAND, MORE OR LESS, SITUATED IN JEFFERSONCOUNTY, STATE OF WASHINGTON, Defendant.andLarry and Mary Lou PRATT, et al., Defendants-Appellees.

No. 89-35002.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 8, 1990.Decided April 9, 1990.

Before KOELSCH, JAMES R. BROWNING and BEEZER, Circuit Judges.


This court's amended opinion in United States of America v. 313.43 Acres of Land, More or Less Situated in Jefferson County, Washington v. Smith, No. 83-3679, slip op. at 2431 (9th Cir. Mar. 6, 1990) controls the instant appeal.

Here too, the district court is awarding the landowners' attorney and expert witness fees under the 28 U.S.C. 2412(d) (1) (A) (Supp. V 1987), made no findings to support its conclusion that the position of the government was not "substantially justified"; in addition and for the reasons stated in that opinion we likewise view the amount of the award of attorney's fees in this case to be "troublesome".

Accordingly we vacate the judgment with respect to fees and remand the matter for specific findings on the issue of substantial justification and for review of the amount of attorney's fees and explicit findings if more than $75.00 per hour is awarded. Mandate forthwith.

No costs.


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3