Scafar Contracting, Inc. v. Secretary of Labor Occupational Safety and Health Review Commission
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
NYGAARD, Circuit Judge.
In this appeal we must decide whether the requirement in the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504, that an application for attorneys’ fees be filed “within thirty days from the final disposition in an adversary adjudication” means: 30 days from the time at which the agency issues a final and appealable order; or, 30 days from the time at which the final order becomes unappealable. The Occupational Safety and Health Review Commission interpreted the statute to mean 30 days from the date on which the order of the agency became final and…
2Cases cited9 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
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- J.H. McQuiston v. John O. Marsh, Jr., Secretary of the Army, United States Army Missile CommandCourt of Appeals for the Ninth Circuit · 1983
- Sarah L. McDONALD, Plaintiff-Appellee, v. Richard SCHWEIKER, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1984
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