Paul Frehe Enterprises, Inc. - Page 8

          A final definitive action at the appellate level in the lead                
          actuarial cases occurred on June 7, 1995, when the time expired             
          for filing a petition for writ of certiorari in Citrus Valley.              
          Thus, our discussion above and Price adequately cover the                   
          additional actions and nonactions which took place in the 2 years           
          following the date Price was filed, up to the settlement of the             
          present case.                                                               
               Respondent's position was substantially justified.                     
          Petitioner's Motion for Award of Reasonable Litigation Costs will           
          be denied.  We need not reach the further question as to the                
          amount of such costs.                                                       
                                       An order denying petitioner's                 
                                   Motion for Award of Reasonable                     
                                   Litigation Costs and a decision in                 
                                   accordance with the settlement                     
                                   stipulation of the parties will be                 

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