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U.S. v. UNDETERMINED QUANTITIES OF AN ARTICLE

Civ. A. No. 91-B-2019.

797 F.Supp. 861 (1992)

UNITED STATES of America, Plaintiff, v. UNDETERMINED QUANTITIES OF AN ARTICLE OF DEVICE, Defendant, and Metrex Research Corporation, Claimant.

United States District Court, D. Colorado.

August 28, 1992.

Attorney(s) appearing for the Case

Michael J. Norton, U.S. Atty., Paul J. Johns, Asst. U.S. Atty., Denver, Colo., for plaintiff.

David G. Palmer, Gibson, Dunn & Crutcher, Denver, Colo., James M. Picozzi, Howard F. Harrison, Nossaman, Guthner, Knox & Elliott, Irvine, Cal., for claimant.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Claimant Metrex Research Corporation (Metrex) moves for its attorney fees and expenses incurred in this forfeiture action under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1). The issues are adequately briefed and oral argument will not materially aid their resolution. Because the position of the United States was not substantially justified, Metrex' motion for attorney fees and expenses...

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