Legal Opinion

Keasler v. United States

District Court, E.D. Arkansas

Decided March 13, 1984No. J-C-79-165PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

EISELE, Chief Judge.

On October 2, 1981, this Court granted summary judgment in favor of the plaintiffs in an action against the United States to obtain refunds of excise taxes paid pursuant to 26 U.S.C. § 4061(a)(1) (1970 & Supp. V 1975). After an appeal of that decision was dismissed by the Eighth Circuit Court of Appeals, the plaintiffs moved for an award of expenses, including attorney’s fees, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (Supp. V 1981).' For the reasons stated below, the plaintiffs’ motion will be granted.

I. Facts.

A. Background:

At all…

2Cases cited22 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  3. White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
  4. Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
  5. United States v. Vogel Fertilizer Co.Supreme Court of the United States · 1982

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3Cited by12 opinions

  1. Love v. ReillyCourt of Appeals for the Ninth Circuit · 1991
  2. Lawrence Keasler and Keasler Body Company, Inc. v. United StatesCourt of Appeals for the Eighth Circuit · 1985
  3. Haitian Refugee Center, an Unincorporated, Not for Profit Organization v. Edwin Meese, III , Attorney General of the United StatesCourt of Appeals for the Eleventh Circuit · 1986
  4. Joe E. Garcia v. Burlington Northern Railroad CompanyCourt of Appeals for the Tenth Circuit · 1987
  5. Carroll E. FELDPAUSCH, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1985

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