Legal Opinion

KMS Fusion, Inc. v. United States

United States Court of Federal Claims

Decided November 19, 1997No. 95-46CPublishedCited by 23 opinions

1Opinion of the Court

OPINION

MILLER, Judge.

This case is before the court on an application for attorneys’ fees and expenses pursuant to the Equal Access to Justice Act (the “EAJA”), 28 U.S.C. § 2412 (1994).

*596FACTS

The dispute preceding this EAJA application was resolved via a bench ruling after trial issued by the court pursuant to RCFC 52(a). In its ruling the court noted that the background and facts in the underlying litigation were strikingly similar to those addressed by the court in its published opinion in KMS Fusion, Inc. v. United States, 36 Fed. Cl. 68 (1996), aff'd, 108 F.3d 1393 (1997) (Table).1…

2Cases cited27 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  4. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  5. Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 1978

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3Cited by23 opinions

  1. Applegate v. United StatesUnited States Court of Federal Claims · 2002
  2. Hopi Tribe v. United StatesUnited States Court of Federal Claims · 2002
  3. State Ex Rel. Department of Transportation v. Norman Industrial Development Corp.Supreme Court of Oklahoma · 2001
  4. CEMS, Inc. v. United StatesUnited States Court of Federal Claims · 2005
  5. Geo-Seis Helicopters, Inc. v. United StatesUnited States Court of Federal Claims · 2007

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