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UTU UTU GWAITU PAIUTE TRIBE v. DEPT. OF INTERIOR

No. Civ. S-90-0311-WBS/GGH.

773 F.Supp. 1383 (1991)

UTU UTU GWAITU PAIUTE TRIBE OF the BENTON PAIUTE RESERVATION, Plaintiff, v. DEPARTMENT OF the INTERIOR; Manual Lujan, Secretary of the Department of Interior; Bureau of Indian Affairs; Eddie Brown, Indian Affairs, Defendants.

United States District Court, E.D. California.

September 23, 1991.

Attorney(s) appearing for the Case

Lawrence R. Stidham, Dorothy Alther, Michael S. Pfeffer, Stephen V. Quesenberry, California Indian Legal Services, Bishop, Cal., for plaintiff.

Debora van der Weijde, Asst. U.S. Atty., Sacramento, Cal., for defendants.

MEMORANDUM AND ORDER

SHUBB, District Judge.

The court heard oral argument on August 19, 1991 on plaintiff's application for attorney fees under the Equal Access to Justice Act ("EAJA"). 28 U.S.C. § 2412. Defendants opposed the application on two grounds. First, defendants contend plaintiff's application is premature because defendants have appealed. Second, defendants argue that even if the application is timely, an award of fees is not appropriate...

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