U.S. Court of Appeals for the Eighth Circuit, 1996

United States v. Mark A. Doll

United States v. Mark A. Doll
U.S. Court of Appeals for the Eighth Circuit · Decided August 8, 1996

United States v. Mark A. Doll

Opinion

_____________ No. 96-1017ND _____________ United States of America, * * Plaintiff-Appellee, * * v. * * One Parcel of Real Property * Located at 2130 West Harbor * Drive, Bismarck, North Dakota, * with Buildings, Appurtenances * and Improvements, Known as Lot * Six (6), Block One (1), Mills * Second Subdivision, Burleigh * County, North Dakota; * * Defendant, * * Mark A. Doll, * * Claimant-Appellant. * _____________ Appeals from the United States District Court for the District No. 96-1019ND of North Dakota. _____________ [UNPUBLISHED] United States of America, * * Plaintiff-Appellee, * * v. * * One Parcel of Real Property * Located at 2130 West Harbor * Drive, Bismarck, North Dakota, * with Buildings, Appurtenances * and Improvements, Known as Lot * Six (6), Block One (1), Mills * Second Subdivision, Burleigh * County, North Dakota; * * Defendant, * * Mark A. Doll, * * Claimant-Appellant. * * United States of America, * * Defendant-Appellee, * * v. * * One Parcel of Real Property * Located at 2130 and 2132 North * Washington, Bismarck, North * Dakota, with Buildings, * Appurtenances and Improvements, * Known as Lot Three (3), Block * Two (2), Marian Park Second, * Burleigh County, North Dakota; * * Defendant, * * Mark A. Doll, * * Claimant-Appellant. * _____________ Submitted: July 12, 1996 Filed: August 8, 1996 _____________ Before FAGG, LAY, and HEANEY, Circuit Judges. _____________

PER CURIAM.

Mark A. Doll appeals the district court's orders denying Doll's requests for attorney's fees and expenses. The parties' briefs thoroughly discuss the merits of the underlying civil forfeiture proceedings, and we need not repeat what they have said to decide whether there was substantial justification for the Government's position. Having considered the record and the parties' briefs, we conclude the Government's position was substantially justified within the meaning of the Equal Access to Justice Act, 28 U.S.C. § 2412(d). We thus affirm the district court.

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Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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