U.S. v. ELEVEN VEHICLES

No. 99-1241.

200 F.3d 203 (2000)

UNITED STATES of America v. ELEVEN VEHICLES, THEIR EQUIPMENT AND ACCESSORIES; All Monies and/or Interests in Certain Accounts in Banks or Certain other Financial Institutions; One Business; Any & All Proceeds, from the Sales thereof Robert Clyde Ivy; Wayne K. Radcliffe; Terrance P. Faulds; Irene Ivy; Kleinbard, Bell & Brecker; Mellon Bank, N.A.; Lebanon Valley National Bank; Mary E. Ivy; Gerald Schuler; Clyde Ivy; Irene Ivy; Elaine K. Radcliffe; Michelle E. Radcliffe, Claimants in District Court Robert Clyde Ivy and Irene Ivy, Appellants.

United States Court of Appeals, Third Circuit.

Decided January 7, 2000.


Attorney(s) appearing for the Case

Charles H. Ivy, (Argued), Law Office of Charles H. Ivy, Counsel for Robert Clyde Ivy and Irene Ivy.

Catherine L. Votaw, (Argued), J. Alvin Stout, III, Michael R. Stiles, Office of the United States Attorney, Counsel for United States of America.

Before: NYGAARD, ALITO and ROSENN, Circuit Judges.


OPINION ANNOUNCING THE JUDGMENT OF THE COURT

ROSENN, Circuit Judge.

This appeal presents a recurring problem concerning the amount of fees due counsel under a fee-shifting statute. The case also presents the grim reality feared by the Supreme Court of the United States when it warned that a "request for attorney's fees should not result in a second major litigation." Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct...

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