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UNITED STATES v. DAWKINS

No. 79-1326.

629 F.2d 972 (1980)

UNITED STATES of America, Appellant, v. Koy E. DAWKINS, C. Frank Griffin, John R. Nichols and Hazel Nichols, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 10, 1980.

Attorney(s) appearing for the Case

James J. Brown, Civ. Div., Dept. of Justice, Washington, D.C., (Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D.C., Harold M. Edwards, U.S. Atty., Asheville, N.C., Leonard Schaitman, Civ. Div., Dept. of Justice, Washington, D.C., on brief), for appellant.

William L. Auten, Charlotte, N.C., (W. S. Blakeney, Blakeney, Alexander & Machen, Charlotte, N.C., on brief), and C. Ralph Kinsey, Jr., Charlotte, N.C., (Caudle, Underwood & Kinsey, P.A., Charlotte, N.C., on brief) and (B. Irvin Boyle, Norman A. Smith, Boyle, Alexander & Hord, Charlotte, N.C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, PHILLIPS, Circuit Judge, and THOMSEN, Senior District Judge.

THOMSEN, Senior District Judge.

The government, plaintiff below, appeals from a judgment of the district court (1) granting summary judgment in favor of defendants on the ground that the government's claim is barred by limitations, and (2) awarding attorneys' fees against the government. We reverse and remand the case to the district court for further proceedings consistent with this opinion.

The case involves the proper construction and application of 28...

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