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U.S. v. CERTAIN REAL PROPERTY, HUNTSVILLE, AL

No. 08-14334.

579 F.3d 1315 (2009)

UNITED STATES OF AMERICA, Plaintiff-Appellant, v. CERTAIN REAL PROPERTY, LOCATED AT 317 NICK FITCHARD ROAD, N.W., HUNTSVILLE, AL, together with all improvements, fixtures, and appurtenances thereon, All Funds on Deposit in Account Number 8011402644 Held in the name of Axion Corporation, located at Colonial Bank, P.O. Box 1887, Birmingham, AL 35201, All Funds On Deposit in Account Number 8036513417 Held in the name of Axion Corporation, located at Colonial Bank, P.O. Box 1887, Birmingham, AL 35201, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 19, 2009.

Attorney(s) appearing for the Case

Richard A. Friedman, USDOJ, Appellate Section, Washington, DC, Jenny Lynn Smith, Acting Chief of Appellate Div., Birmingham, AL, for Plaintiff-Appellant.

James Elliott Walthall, James F. Barger, Jr., Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Catherine C. Long, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Henry I. Frohsin, Frohsin & Barger, LLC, Birmingham, AL, for Defendants-Appellee.

Before DUBINA, Chief Judge, and EDMONDSON and HILL, Circuit Judges.

DUBINA, Chief Judge:

The government appeals from a final order of the district court awarding attorney fees in a civil forfeiture action. This case requires that we determine, as a matter of first impression, whether attorney fees incurred in the defense of a criminal action may be awarded in a related civil forfeiture action under the Civil Asset Forfeiture Reform Act of 2000 ("CAFRA") § 4(a), 28 U.S.C. § 2465(b)(1) (2006), without regard for the stringent...

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