Legal Opinion

Orville Taylor v. United States

Court of Appeals for the Third Circuit

Decided November 30, 1984No. 84-1217PublishedCited by 53 opinions

1Per curiam

Appellant Orville Taylor appeals from an order of the district court denying his request for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412 (1982) (EAJA). 1 The district court held that Taylor’s petition was untimely under § 2412(d)(1)(B) of the EAJA, because it was filed more than thirty days after the district court’s final judgment. Because we hold, with the benefit of recent expressions of congressional intent, that “final judgment” as used in the EAJA means “final and not appealable,” we will vacate the judgment and remand the matter to the district court for…

2Cases cited7 opinions

  1. J.H. McQuiston v. John O. Marsh, Jr., Secretary of the Army, United States Army Missile CommandCourt of Appeals for the Ninth Circuit · 1983
  2. Sarah L. McDONALD, Plaintiff-Appellee, v. Richard SCHWEIKER, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1984
  3. United States v. 329.73 Acres of Land, Situated in Grenada and Yalobusha Counties, State of Mississippi, and J.G. CarterCourt of Appeals for the Fifth Circuit · 1983
  4. McDonald v. SchweikerDistrict Court, N.D. Indiana · 1982
  5. Orville Taylor v. United StatesCourt of Appeals for the Third Circuit · 1983

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3Cited by53 opinions

  1. Myers v. SullivanCourt of Appeals for the Eleventh Circuit · 1990
  2. William E. Brock, Iii, Secretary of Labor, United States Department of Labor v. Writers Guild of America, West, Inc.Court of Appeals for the Ninth Circuit · 1985
  3. Lawrence Keasler and Keasler Body Company, Inc. v. United StatesCourt of Appeals for the Eighth Circuit · 1985
  4. Haitian Refugee Center, an Unincorporated, Not for Profit Organization v. Edwin Meese, III , Attorney General of the United StatesCourt of Appeals for the Eleventh Circuit · 1986
  5. Jimmy JOHNSON, Petitioner v. Alberto R. GONZALES, Attorney General of the United States, RespondentCourt of Appeals for the Third Circuit · 2005

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