Legal Opinion

Kay Manufacturing Company v. The United States

Court of Appeals for the Federal Circuit

Decided February 18, 1983No. Appeal 478-73PublishedCited by 32 opinions

1Opinion of the Court

*1377BALDWIN, Circuit Judge.

This appeal is from a judgment of the United States Claims Court1 granting the request of Kay Manufacturing Company (Kay) for fees and expenses pursuant to the Equal Access to Justice Act (EAJA). 28 U.S.C. § 2412 (Supp. V 1981). We reverse.

Background

The action that generated fees and expenses was brought in accordance with the Renegotiation Act of 1951, 50 U.S.C.App. § 1211 et seq. (1976). In September, 1973, the Renegotiation Board ruled that Kay realized excess profits of $150,000 in 1969 from subcontracts for the machining of 105-mm cartridge case bases. Kay brought…

2Cases cited10 opinions

  1. BROAD AVENUE LAUNDRY AND TAILORING, Petitioner, v. the UNITED STATES, RespondentCourt of Appeals for the Federal Circuit · 1982
  2. Photo Data, Inc. v. SawyerDistrict Court, District of Columbia · 1982
  3. United States of America for Jon P. Heydt, Special Agent v. Citizens State Bank, Armin Moths and United States Taxpayers UnionCourt of Appeals for the Eighth Circuit · 1982
  4. Wolverton v. SchweikerDistrict Court, D. Idaho · 1982
  5. Brookfield Construction Co. v. United StatesUnited States Court of Claims · 1981

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

3Cited by32 opinions

  1. Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
  2. Stanley Spencer v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1983
  3. Essex Electro Engineers, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  4. Allen S. Berman v. Richard S. Schweiker, Secretary of Health and Human Services, DefendantCourt of Appeals for the Seventh Circuit · 1983
  5. Billy H. Ashburn and Faye F. Ashburn v. United StatesCourt of Appeals for the Eleventh Circuit · 1984

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

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