United States Ninth Circuit

Where the government could not obtain the benefit of the relation-back rule until the date it obtained a judgment of forfeiture, its interest remained junior to a trust deed, and the deed holder's foreclosure sale extinguished the government's interest; thus, thereafter, the government's position was without merit and not substantially justified.

Appellate Information

• Decided 03/18/2002
• Published 03/18/2002

Judges

• Before WOOD, Jr.,KOZINSKI, and O'SCANNLAIN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert S. Mueller, III, U.S. Attorney;  Robert D. Ward, Assistant U.S. Attorney;  J. Douglas Wilson, Assistant U.S. Attorney for the Northern District of California, San Francisco, CA, for the appellant.


• For Appellees:
  
• Dena R. Thaler, Law Office of Dena R. Thaler, Oakland, CA, for the appellees.