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U.S. v. AUBREY

No. CR 98-11-GF-DWM.

290 F.Supp.2d 1215 (2003)

UNITED STATES of America, Plaintiff, v. William Harvey AUBREY; Gloria Dale Lewis; Brenda Bernadette Todd; Scott F. Sherburne; Cynthia Cecile Kipp; Aloysius Paul Potts; Marlene June Bear Walter; Joseph J. Mckay; Lee Roy Wilson; Donald Lee Wilson; Colleen Catherine Wilson; Lodgbuilder Management, Inc.; and Blaze Construction, Inc., Defendants.

United States District Court, D. Montana, Great Falls Division.

November 10, 2003.

Attorney(s) appearing for the Case

Ward E. Taleff, Great Falls, MT, for Aubrey.

Patrick Flaherty, Great Falls, MT, for Sherburne.

John Smith, Missoula, MT, for Blaze Const.

ORDER

MOLLOY, Chief Judge.

I. Introduction

Defendants William Aubrey, Scott Sherburne, and Blaze Construction, Inc. ("Blaze") sought attorneys' fees under the Hyde Amendment, claiming that they had been vexatiously prosecuted by the United States. Applying the vexatious standard set forth in United States v. Holland, 34 F.Supp.2d 346, 364 (E.D.Va.1999), the Court awarded attorneys' fees to Sherburne...

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