Arthur J. Zeizel v. Samuel R. Pierce, Secretary, Department of Housing & Urban Development

DAVIS, Circuit Judge:

The District Court for the District of Columbia denied appellant Zeizel’s application, under both the Back Pay Act 1 and the Equal Access to Justice Act (EAJA) 2 , for attorney fees incurred in his successful challenge of a 1974 denial of a within-grade pay increase. We affirm the district court because neither the Back Pay Act as it existed before the effective date of the Civil Service Reform Act (CSRA) nor the EAJA permit the award of attorney fees in this instance.

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Arthur J. Zeizel, an Environmental Scientist, GS-15, with the Technology and Environmental Research…