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Tyler v. Salazar

United States Court of Appeals For the Eighth Circuit
Apr 30, 2013
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ER CURIAM

Appeal from United States District Court for the District of Minnesota - Minneapolis
[Unpublished]

Before BYE, ARNOLD, and SHEPHERD, Circuit Judges. PER CURIAM.

Gerald Tyler and Dale Lueck appeal the district court's denial of their motion for attorneys' fees and litigation costs under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and the Endangered Species Act, 16 U.S.C. § 1540(g)(4). After careful review of the record, see Jenkins v. Missouri, 127 F.3d 709, 713 (8th Cir. 1997) (standard of review), and having considered the parties' submissions on appeal, we agree with the district court that appellants are not entitled to the relief they sought, for the reasons explained by the district court.

The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Leo I. Brisbois, United States Magistrate Judge for the District of Minnesota.

Accordingly, we affirm. See 8th Cir. R. 47B.