Ferdinand Oliveira v. The United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
EDWARD S. SMITH, Circuit Judge.
In this case resulting from the removal and subsequent reinstatement of Ferdinand Oliveira, a federal civilian employee, to his position as a warehouseman at the Homestead Air Force Base, the United States Claims Court granted attorney fees under the Equal Access to Justice Act (EAJA), 1 but denied attorney fees under the Back Pay Act. 2 We affirm in part, reverse in part, and remand.
I. Issues
Two principal issues are presented on appeal: First, whether the Claims Court erred in holding that the Back Pay Act, as amended by the Civil Service Reform Act of 1978…
2Cases cited17 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Mary Jane Ruderman Hirschey v. Federal Energy Regulatory Commission, Long Lake Energy Corporation, IntervenorCourt of Appeals for the D.C. Circuit · 1985
- Twm Manufacturing Co., Inc., Appellee/cross-Appellants v. Dura Corp. And Kidde, Inc., Appellants/cross-AppelleesCourt of Appeals for the Federal Circuit · 1986
- Brundage v. United StatesUnited States Court of Claims · 1974
- International Woodworkers of America, Afl-Cio, Local 3-98 v. Raymond J. Donovan, Secretary of Labor, and California Employment Development DepartmentCourt of Appeals for the Ninth Circuit · 1986
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3Cited by94 opinions
- A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
- Marie Lucie Jean v. Alan C. NelsonCourt of Appeals for the Eleventh Circuit · 1988
- Hong-Yee Chiu v. The United StatesCourt of Appeals for the Federal Circuit · 1991
- Kelly v. BowenCourt of Appeals for the Eighth Circuit · 1988
- Elcyzyn v. BrownUnited States Court of Appeals for Veterans Claims · 1994
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