District Court, W.D. Virginia February 28, 2005, 2:04CV00104 (Brandon Enterprises, LLC. v. United States)

OPINION

JONES, Chief Judge.

The petitioners, acquitted in a criminal prosecution for falsifying dust samples from a coal mine, now seek their attorneys’ fees in a proceeding under the Hyde Amendment. Because I find that the position of the United States was not vexatious, frivolous, or in bad faith, I will deny the petitions.