Michele D. Livingston - Page 15




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               In light of our conclusions that the position of the United              
          States was substantially justified, we need not reach                         
          respondent’s arguments that petitioner unreasonably protracted                
          the proceedings (apart from our conclusion that petitioner                    
          unreasonably protracted the proceedings after January 13, 1999),              
          that petitioner has failed to exhaust administrative remedies,                
          and that the fees requested are unreasonable.                                 
               Petitioner’s motion for litigation and administrative costs              
          will be denied.                                                               
                                                   An appropriate order and             
                                              decision will be entered.                 





























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