Legal Opinion

Gurley v. Peake

Court of Appeals for the Federal Circuit

Decided June 9, 2008No. 2007-7148PublishedCited by 24 opinions

1Opinion of the Court

DYK, Circuit Judge.

Randolph S. Gurley (“Gurley”) appeals a final decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) denying his application for attorneys’ fees and expenses pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Gurley v. Nicholson, 20 Vet.App. 573 (2007). Because we agree with the Veterans Court that Gurley is not a “prevailing party” under EAJA, we affirm.

BACKGROUND

Gurley served in the Army from 1972 to 1974. In 1980, Gurley applied to the Regional Office of the Department of Veterans Affairs (“VA”) located in Columbia,…

2Cases cited17 opinions

  1. Shalala v. SchaeferSupreme Court of the United States · 1993
  2. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  3. Hewitt v. HelmsSupreme Court of the United States · 1987
  4. Hanrahan v. HamptonSupreme Court of the United States · 1980
  5. Sullivan v. HudsonSupreme Court of the United States · 1989

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3Cited by24 opinions

  1. Robinson v. O'RourkeCourt of Appeals for the Federal Circuit · 2018
  2. Thompson v. Dept. Of Veterans AffairsCourt of Appeals for the Federal Circuit · 2012
  3. Ward v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 2012
  4. Ramos v. Deparment of JusticeCourt of Appeals for the Federal Circuit · 2009
  5. Juanita L. Hughett v. United StatesUnited States Court of Federal Claims · 2013

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

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