Legal Opinion
Southwest Marine, Inc., on Behalf of Universal Painting and Sandblasting Corp. v. United States of America and the United States Department of Navy
Court of Appeals for the Ninth Circuit
Decided December 12, 1994No. 93-15165PublishedCited by 22 opinions
1Opinion of the Court
VAN SICKLE, District Judge.
Universal Painting and Sandblasting Corporation (“UPS”), through its general contractor Southwest Marine, Inc. (“SWM”) 1 seeks review of the District Court decision dismissing UPS’s application for attorneys’ fees and costs under the Equal Access to Justice Act, 5 U.S.C. § 504 (“EAJA”). The court below found that the EAJA does not waive sovereign immunity as to a subcontractor who successfully sues the United States through the sponsorship of a general contractor. For the reasons that follow, this panel AFFIRMS the order of dismissal.
I. BACKGROUND FACTS
In May 1985,…
2Cases cited9 opinions
- Library of Congress v. ShawSupreme Court of the United States · 1986
- Love v. ReillyCourt of Appeals for the Ninth Circuit · 1991
- Oregon Environmental Council v. KunzmanCourt of Appeals for the Ninth Circuit · 1987
- Unification Church v. Immigration & Naturalization ServiceCourt of Appeals for the D.C. Circuit · 1985
- Marine Coatings of Alabama, Inc., Cross-Appellee v. United States of America, Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1991
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3Cited by22 opinions
- Shuman v. Kashkashian (In Re Shuman)United States Bankruptcy Court, E.D. Pennsylvania · 2001
- Foothill Ranch Co. Pshp. v. CommissionerUnited States Tax Court · 1998
- R.C. Construction Co. v. United StatesUnited States Court of Federal Claims · 1998
- Fakhri v. United StatesUnited States Court of International Trade · 2007
- Estate of Palumbo v. United StatesCourt of Appeals for the Third Circuit · 2012
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