Legal Opinion

Richard Demarest v. James Manspeaker, Clerk of the United States District Court for the District of Colorado Cathy, Last Name Unknown

Court of Appeals for the Tenth Circuit

Decided November 1, 1991No. 91-1232PublishedCited by 22 opinions

1Opinion of the Court

SEYMOUR, Circuit Judge.

Richard Demarest appeals an order of the district court denying his request for fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (1988). Mr. Demarest contends on appeal that the statutory language requires the court to award him pro se fees as a prevailing party. For the reasons discussed below, we affirm. 1

The relevant statutory section provides: “[A] court shall award to a prevailing party other than the United States fees and other expenses.” Id. § 2412(d)(1)(A). The subsection further explains that “ ‘fees and other expenses’ includes the…

2Cases cited7 opinions

  1. Kay v. EhrlerSupreme Court of the United States · 1991
  2. Demarest v. ManspeakerSupreme Court of the United States · 1991
  3. Merrell v. BlockCourt of Appeals for the Ninth Circuit · 1987
  4. Gerald L. Naekel v. Department of Transportation, Federal Aviation AdministrationCourt of Appeals for the Federal Circuit · 1988
  5. Stephen S. Crooker v. Environmental Protection AgencyCourt of Appeals for the First Circuit · 1985

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Manning v. AstrueCourt of Appeals for the Tenth Circuit · 2007
  2. Edward Krecioch v. United StatesCourt of Appeals for the Seventh Circuit · 2003
  3. Kooritzky, Samuel v. Herman, Alexis M.Court of Appeals for the D.C. Circuit · 1999
  4. March v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  5. Securities And Exchange Commission v. Price WaterhouseCourt of Appeals for the Second Circuit · 1994

17 more not listed; retrieve them via the Exa API.

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