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U.S. v. B & M USED CARS

No. 87-2200.

860 F.2d 121 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. B & M USED CARS, a partnership, Account Number 24403, Including all Inventory and all Real and Personal Property, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 24, 1988.

Attorney(s) appearing for the Case

Charles Edward Lyons, Asst. U.S. Atty. (Thomas J. Ashcraft, U.S. Atty., Charlotte, N.C. on brief), for plaintiff-appellant.

Harold Johnson Bender, Theo X. Nixon, Charlotte, N.C., for defendant-appellee.

Before HALL, MURNAGHAN and WILKINS, Circuit Judges.

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...

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