1. Home
  2. Browse Decisions
  3. F.Supp.2d
  4. 358 F.Supp.2d
  5. 358 F.Supp.2d 506 (2005)
 

BRANDON ENTERPRISES, LLC. v. U.S.

No. 2:04CV00104.

358 F.Supp.2d 506 (2005)

BRANDON ENTERPRISES, LLC, et al., Petitioners, v. UNITED STATES of America, Respondent.

United States District Court, W.D. Virginia, Big Stone Gap Division.

February 28, 2005.

Attorney(s) appearing for the Case

Marco M. Rajkovich, Jr., Melanie J. Kilpatrick, and Robert I. Cusick, Wyatt, Tarrant & Combs, LLP, Lexington, Kentucky, and Stephen M. Hodges and Mark L. Esposito, Penn, Stuart & Eskridge, Abingdon, Virginia, for Petitioners Brandon Enterprises, LLC, and Cumberland Valley Contractors, Inc.

R. Kent Westberry and Caroline Pitt Clark, Landrum & Shouse, Louisville, Kentucky, and Charlie R. Jessee, Jessee, Read & Ely, P.C., Abingdon, Virginia, for Petitioner Lonnie Hugh Wilder.

Anthony P. Giorno, Assistant United States Attorney, Roanoke, Virginia, for Respondent.

OPINION

JONES, Chief Judge.

The petitioners, acquitted in a criminal prosecution for falsifying dust samples from a coal mine, now seek their attorneys' fees in a proceeding under the Hyde Amendment. Because I find that the position of the United States was not vexatious, frivolous, or in bad faith, I will deny the petitions.

I

An indictment returned by a grand jury of this court charged Lonnie Hugh Wilder, Brandon Enterprises, LLC ("Brandon...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases