D.C., INC. v. MISSOURI

No. 09-3847.

627 F.3d 698 (2010)

D.C., INC., doing business as Dirt Cheap Cigarettes and Beer, Plaintiff/Appellant, v. State of MISSOURI, ex rel., Defendant/Appellee, Trish Vincent, Defendant, Greg Barnes; Oliver Dixon; Karl Kenkel; Margaret Marquard; Robert John; Michael Nelson; Kerry Placeway; Alana Maria Barragan-Scott, Director of Revenue, in her official capacity, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 7, 2010.


Attorney(s) appearing for the Case

S. George Alfonso , The Law Offices of S. George Alfonso, Dallas, TX, argued ( Joseph P. Leon , The Law Offices of Joseph Leon, PLLC, New York, NY, on the brief), for appellant.

Mark E. Long , Asst. Atty. Gen., Jefferson City, MO, argued ( Chris Koster , Atty. Gen., on the brief), for appellees.

Before WOLLMAN, LOKEN, and HANSEN, Circuit Judges.


WOLLMAN, Circuit Judge.

Dirt Cheap Cigarettes and Beer (DC) filed this § 1983 suit after Missouri revenue agents seized a large quantity of cigarettes from its retail stores. The district court1 granted summary judgment to the state defendants on each of DC's federal constitutional claims and denied DC's request for attorney's fees. DC appeals only the denial of attorney's fees. We affirm...

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