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IN RE 1997 GRAND JURY

No. 99-2110.

215 F.3d 430 (2000)

In re 1997 GRAND JURY United States of America, Plaintiff-Appellee, v. Kermit Bunn, Defendant-Appellant, and Tri State Asphalt Corporation, Party in Interest.

United States Court of Appeals, Fourth Circuit.

Decided: June 15, 2000

Attorney(s) appearing for the Case

ARGUED: William Anthony Kolibash, PHILLIPS, GARDILL, KAISER & ALTMEYER, Wheeling, West Virginia, for Appellant. David Earl Godwin, United States Attorney, Clarksburg, West Virginia, for Appellee.

Before LUTTIG and WILLIAMS, Circuit Judges, and Gerald Bruce LEE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge LUTTIG and Judge LEE joined.

OPINION

WILLIAMS, Circuit Judge:

Kermit Bunn filed an application in the United States District Court for the Northern District of West Virginia for attorney's fees and expenses pursuant to the Hyde Amendment after the United States (the Government) voluntarily dismissed without prejudice contempt proceedings against him, which were grounded...

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