Legal Opinion
James A. Bailey v. The United States
Court of Appeals for the Federal Circuit
Decided November 18, 1983No. Appeal 83-846PublishedCited by 34 opinions
1Opinion of the Court
BENNETT, Circuit Judge.
James A. Bailey appeals from a judgment of the United States Claims Court, 1 Cl.Ct. 69 (1983), denying his application for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Supp. V 1981). It was held that: (1) the Claims Court has jurisdiction to award fees under the EAJA in this case; (2) Bailey is not entitled to attorney fees resulting from his successful prosecution of his military pay claim because the “position of the United States” was “substantially justified”; and (3) Bailey is entitled to costs under the EAJA, 28 U.S.C. § 2412(a).…
2Cases cited8 opinions
- South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982
- Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, Chemical Manufacturers Association, IntervenorsCourt of Appeals for the Third Circuit · 1983
- BROAD AVENUE LAUNDRY AND TAILORING, Petitioner, v. the UNITED STATES, RespondentCourt of Appeals for the Federal Circuit · 1982
- Leroy H. Ellis v. The United StatesCourt of Appeals for the Federal Circuit · 1983
- August Gava, Jr. v. The United StatesCourt of Appeals for the Federal Circuit · 1983
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Essex Electro Engineers, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1985
- James Doty and Susan Doty v. The United States, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1995
- Devine v. SutermeisterCourt of Appeals for the Federal Circuit · 1984
- Gary D. Austin, Ann Crispin, Arlana Hines, Anola Nightengale v. Department of CommerceCourt of Appeals for the Federal Circuit · 1984
- Patrick v. Dept. Of Veterans AffairsCourt of Appeals for the Federal Circuit · 2011
29 more not listed; retrieve them via the Exa API.