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U.S. v. STACY

Nos. 86-1675, 86-1679 and 86-3719.

835 F.2d 530 (1987)

UNITED STATES of America, Plaintiff-Appellant, v. Adam M. STACY individually; d/b/a Rocky Hollow Coal Co., Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. 4-A COAL COMPANY, INC., Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Dennis C. STEVENS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1987.

Attorney(s) appearing for the Case

Edward R. Cohen, Civ. Div., U.S. Dept. of Justice (Richard K. Willard, Asst. Atty. Gen., Washington, D.C., John P. Alderman, U.S. Atty., Roanoke, Va., Barbara L. Herwig, Katherine S. Gruenheck, Civ. Div., U.S. Dept. of Justice, Washington, D.C., on brief), for plaintiff-appellant.

Linwood Theodore Wells, Jr., Richmond, Va., Thomas Ross Haggard, University of South Carolina School of Law, Columbia, S.C., for defendant-appellee.

Before PHILLIPS and SPROUSE, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

PER CURIAM:

Upon prevailing in three civil actions for money judgments, the United States sought to tax the clerk's regular filing fee as costs in each case. The United States is exempted from the payment of such filing fees, but the United States contends that it should be considered as having done so constructively. It relies upon the historical development of provisions for compensation of district court clerks.

The claims were disallowed in the district...

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