Legal Opinion
United States v. B & M Used Cars, a Partnership, Account Number 24403, Including All Inventory and All Real and Personal Property
Court of Appeals for the Fourth Circuit
Decided October 24, 1988No. 87-2200PublishedCited by 26 opinions
1Opinion of the Court
K.K. HALL, Circuit Judge:
The United States of America (“the government”) appeals an order of the district court granting attorney’s fees to B & M Used Cars (“B & M”), the defendant in a civil action brought by the government seeking forfeiture pursuant to 21 U.S.C. § 881. In concluding that B & M was entitled to fees in accordance with the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (“EAJA”), the district court determined that the government’s position in the underlying forfeiture action was not “substantially justified.” We disagree and reverse.
I
On August 22, 1986, the government filed…
2Cases cited7 opinions
- Billy H. Ashburn and Faye F. Ashburn v. United StatesCourt of Appeals for the Eleventh Circuit · 1984
- Emma Jane PULLEN, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1987
- Boas v. SmithCourt of Appeals for the Fourth Circuit · 1986
- United States v. Life Ins. Co. of VirginiaDistrict Court, W.D. North Carolina · 1986
- United States v. Certain Real Property Located at 4880 S.E. Dixie HighwayDistrict Court, S.D. Florida · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- United States v. Plat 20, Lot 17Court of Appeals for the First Circuit · 1992
- David W. CRAWFORD, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1991
- United States v. $12,248 U.S. Currency, and Jack Johnson, Claimant-AppelleeCourt of Appeals for the Ninth Circuit · 1992
- United States v. Mark Turner, IV James Spencer, Claimants-Appellants, One 1963 Chevrolet Corvette, Vin 30837s119534Court of Appeals for the Fourth Circuit · 1991
- United States v. One 1985 Chevrolet CorvetteCourt of Appeals for the Sixth Circuit · 1990
21 more not listed; retrieve them via the Exa API.