Brigadier General Roland F. Cinciarelli v. The Honorable Ronald Reagan, President of the United States
Court of Appeals for the D.C. Circuit
1Opinion of the Court
J. SKELLY WRIGHT, Circuit Judge:
In this case we review the District Court's denial of a request for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Supp. V 1981). Appellant, a brigadier general in the Marine Corps reserve, sued the Marines on the ground that his service on temporary active status under a Standard Written Agreement had been impermissibly terminated. In defense the Marine Corps claimed that it had unilateral power to terminate the agreement and that the agreement was in any event void ab initio because it violated Marine Corps regulations. At trial…
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