United States v. Tucor International, Inc.

Appellants are motor carriers and their officers who were prosecuted for antitrust violations but were ultimately exonerated, because their conduct was found to be covered by an antitrust immunity provision of the Shipping Act of 1984, 46 App. U.S.C. §§ 1701-1719. Appellants then moved for attorney’s fees and costs under the Hyde Amendment. Pub. L. No. 105-119, Title VI, § 617, 111 Stat. 2519 (1997), reprinted in 18 U.S.C. § 3006A (historical and statutory notes). The district court denied the motion. We have jurisdiction of this timely appeal under 28 U.S.C. § 1291 , and we affirm.

*1174 I. BACKGROUND

A. Factual Background and Prior Proceedings

When American military personnel serving abroad are relocated to the United States, the government makes arrangements for the shipping of their belongings. The government contracts for “through transportation,” which means that the belongings are transported under a single bill of lading from their point of origin to their final destination, although transportation along different segments of the route is often provided by different carriers using different modes of carriage.

Appellants are engaged in the business of motor…