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U.S. v. TOBIAS

No. 90-3124.

935 F.2d 666 (1991)

UNITED STATES of America, Plaintiff, v. Stephen Craig TOBIAS; Constance S. Tobias, Defendants-Appellants, Harry I. Johnson, Jr.; Defendant-Appellee, Jolene T. Johnson; George Moore, Trustee, Appellees, and 396.31 Acres of Land, More or Less, Situated in the County of Roanoke, State of Virginia, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided June 11, 1991.

Attorney(s) appearing for the Case

James Robert Cromwell, argued (George I. Vogel, II, Wilson, Vogel & Creasy, Roanoke, Va., on brief), for defendants-appellants.

Melissa Warner Scoggins, argued (William J. Creech, Jr., Gentry, Locke, Rakes & Moore, Roanoke, Va., on brief), for appellees.

Before HALL, Circuit Judge, CHAPMAN, Senior Circuit Judge, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.

K.K. HALL, Circuit Judge:

Stephen and Constance Tobias appeal an order of the district court awarding over $11,000 in costs and attorney's fees to Harry and Jolene Johnson, under the common fund doctrine, after the Johnsons vigorously, though unsuccessfully, contested the Tobias' title to part of a tract of land condemned by the United States. We reverse.

I.

In November, 1984, the United States condemned 369 acres of land in Roanoke County, Virginia...

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