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U.S. v. SOMMERS

Crim. No. 93-9.

864 F.Supp. 902 (1994)

UNITED STATES of America, Plaintiff, v. Steven Francis SOMMERS, Francis Xavier Sommers, and M & T Company, d/b/a T & M Distributing, Defendants.

United States District Court, S.D. Iowa.

October 7, 1994.

Attorney(s) appearing for the Case

Don C. Nickerson, U.S. Atty., and Kevin E. VanderSchel and Lester A. Paff, Asst. U.S. Attys., for plaintiff.

Raymond Rosenberg and Dean Stowers of The Rosenberg Law Firm, Des Moines, IA, for defendant Steven Francis Sommers.

Thomas D. Hanson and Lu Ann White of Hanson, Bjork & Russell, Des Moines, IA, and Robert J. Murray of Kennedy, Holland, Delacy & Svoboda, Omaha, NE, for defendant Francis Xavier Sommers.

Thomas D. Hanson and Lu Ann White of Hanson, Bjork & Russell, Des Moines, IA, for defendant M & T Co., d/b/a T & M Distributing.

ORDER

WOLLE, Chief Judge.

Defendant Steven Francis Sommers, acquitted after trial of this criminal case, contends the government should pay a portion of his costs. The court denies the motion for costs, finding sovereign immunity bars the claim.

This case has its roots in United States v. Articles of Drug, 890 F.2d 1004 (8th Cir. 1989). There, the Eighth Circuit Court of Appeals upheld an injunction prohibiting...

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