Daniel J. Miller, Jr. v. United States of America and Department of the Army
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION SUR PETITIONER’S MOTION FOR ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT
BECKER, Circuit Judge.
This opinion addresses an application for attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), repealed by Pub.L. No. 96-481, § 204(c), 94 Stat. 2321, 2329 (the “EAJA”). The application, which is directed to this panel following its action on a petition for review of a final order of the Merit System Protection Board (the “MSPB”), requires us to consider some interesting procedural complications of the EAJA.
In 1980, petitioner Daniel J. Miller was discharged by…
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