Legal Opinion
Heath v. West
United States Court of Appeals for Veterans Claims
Decided August 31, 1998No. 97-2098PublishedCited by 23 opinions
1Opinion of the Court
KRAMER, Judge:
On November 19, 1997, counsel for the petitioner filed a Petition for Extraordinary Relief in the Nature of a Writ of Mandamus, alleging that the Secretary was wrongfully withholding $10,171.00 owed to the appellant. The Court denied the petition by order on February 24, 1998. Issues with respect to the appellant’s application for attorney fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), are the subject of this opinion. For the reasons that follow, the Court will dismiss the EAJA application for lack of jurisdiction.
I. RELEVANT BACKGROUND
The…
2Cases cited22 opinions
- Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
- Messenger v. AndersonSupreme Court of the United States · 1912
- California v. LaRueSupreme Court of the United States · 1973
- Basso v. Utah Power & Light Co.Court of Appeals for the Tenth Circuit · 1974
- Keene Corp. v. CassCourt of Appeals for the Eighth Circuit · 1990
17 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Thayer v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001
- Henderson v. WestUnited States Court of Appeals for Veterans Claims · 1998
- Vargas-Gonzalez v. PrincipiUnited States Court of Appeals for Veterans Claims · 2001
- William E. Freeman v. Eric K. ShinsekiUnited States Court of Appeals for Veterans Claims · 2011
- Walter C. Hudson, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2001
18 more not listed; retrieve them via the Exa API.