United States Fourth Circuit

Dismissal of plaintiff's petition for attorney's fees, sought after successfully challenging a condemnation action, is reversed where the district court erred in determining that plaintiff failed to establish financial eligibility under the Equal Access to Justice Act.

Appellate Information

• Decided 08/13/2004
• Published 08/13/2004

Judges

• Before WIDENER and GREGORY, Circuit Judges, and C. Arlen BEAM, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Benjamin Adelbert Thorp, IV, Ellis, Thorp & Jewett, P.L.L.C., Richmond, Virginia, for Appellant.  Michael Thomas Gray, United States Department Of Justice, Washington, D.C., for Appellee. ON BRIEF:  William B. Ellis, Ellis, Thorp & Jewett, P.L.L.C., Richmond, Virginia, for Appellant.  Thomas L. Sansonetti, Assistant Attorney General, Environment & Natural Resources Division, United States Department Of Justice, Washington, D.C.;  Paul J. McNulty, United States Attorney, Alexandria, Virginia, M. Hannah Lauck, Assistant United States Attorney, Office Of The United States Attorney, Richmond, Virginia;  John A. Bryson, United States Department Of Justice, Washington, D.C., Katherine Will, Army Corps Of Engineers, for Appellee.