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No. 96-1783ND _____________

John B. Fredericks, Jr.; * Judy Fredericks, * * Appellants, * * v. * * United States Department of * Agriculture; agent Dan Glickman;* Farmers Home Administration; * Odell O. Ottmar, in his * capacity as employee of the * Appeal from the United States Farmers Home Administration; * District Court for the District Lorace Hakanson, in his * of North Dakota. capacity as employee of the * Farmers Home Administration; * [UNPUBLISHED] Robert Zimmerman, in his * capacity as employee of the * Farmers Home Administration; * David Hilleren, in his capacity * as employee of the Farmers Home * Administration; Frederick R. * Young, director national * appeals staff, Farmers Home * Administration, * * Appellees. * _____________

Submitted: October 3, 1996

Filed: October 9, 1996 _____________

Before FAGG, WOLLMAN, and MURPHY, Circuit Judges. _____________

PER CURIAM.

John B. Fredericks, Jr. and Judy Fredericks appeal the district court's order denying their request for attorney's fees and expenses. The parties' briefs discuss the merits of the underlying litigation, and we need not repeat what they have said to decide whether there was substantial justification for the Government's position. Having considered the record and the parties' briefs, we conclude the Government's position was substantially justified within the meaning of the Equal Access to Justice Act, 28 U.S.C. § 2412(d). We thus affirm the district court. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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