Legal Opinion
United States v. 329.73 Acres of Land, Situated in Grenada and Yalobusha Counties, State of Mississippi, and J.G. Carter
Court of Appeals for the Fifth Circuit
Decided May 12, 1983No. 80-3520PublishedCited by 79 opinions
1Opinion of the Court
TATE, Circuit Judge:
On the appeal in this eminent domain proceeding, the defendant landowner move's for the recovery of attorneys’ fees and litigation expenses against the United States, the condemnor. The landowner’s motion is based upon section 204(a) of the Equal Access to Justice Act of 1980 (the
“Act”), 28 U.S.C. § 2412(d)(1)(A), which provides that a court “shall” award such expenses to a “prevailing party” against the United States in any non-tort civil action, “unless the court finds that the position of the United States was substantially justified or that special circumstances make…
2Cases cited11 opinions
- Hanrahan v. HamptonSupreme Court of the United States · 1980
- Miller v. United StatesUnited States Court of Claims · 1980
- United States v. Bodcaw Co.Supreme Court of the United States · 1979
- Albrecht v. United StatesSupreme Court of the United States · 1947
- United States v. 429.59 Acres of LandCourt of Appeals for the Ninth Circuit · 1980
6 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Kirby Forest Industries, Inc. v. United StatesSupreme Court of the United States · 1984
- Hidden Oaks Limited, Hidden Oaks Limited, Plaintiff-Appellee-Cross-Appellant v. The City of Austin, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1998
- Gavette v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1986
- Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation BoardCourt of Appeals for the Fifth Circuit · 1985
- Sarah L. McDONALD, Plaintiff-Appellee, v. Richard SCHWEIKER, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1984
74 more not listed; retrieve them via the Exa API.