United States v. 31.63 Acres of Land

STEPHEN H. ANDERSON, Circuit Judge.

This is an appeal from the district court’s order denying defendant landowner’s motion for relief under Fed.R.Civ.P. 60(b) from an earlier order that denied a request *761for attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. The sole issue on appeal is whether the district court abused its discretion in denying relief. We find no abuse of discretion and affirm.1

On April 28, 1982 the United States initiated a condemnation action to acquire fee title to a 31.63 acre tract owned by Tinker Area Investors (“Tinker”). In 1983, the…