Legal Opinion

Sharp v. United States

United States Court of Federal Claims

Decided March 1, 2010No. 07-547 CPublishedCited by 3 opinions

1Opinion of the Court

OPINION AND ORDER

GEORGE W. MILLER, Judge.

Plaintiffs prevailed before this Court and the Court of Appeals for the Federal Circuit regarding the proper interpretation of a statute conveying benefits to certain surviving spouses of military veterans. Sharp v. United States, 82 Fed.Cl. 222 (2008) (“Sharp II ”), aff'd 580 F.3d 1234 (Fed.Cir.2009). As prevailing parties, they now seek attorneys’ fees under the Equal Access to Justice Act (“EAJA”), asserting that the Government’s position was not “substantially justified.” 28 U.S.C. § 2412(d)(1)(A). Because the Court concludes that defendant has…

2Cases cited20 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. Ramcor Services Group, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1999
  4. BROAD AVENUE LAUNDRY AND TAILORING, Petitioner, v. the UNITED STATES, RespondentCourt of Appeals for the Federal Circuit · 1982
  5. James Doty and Susan Doty v. The United States, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1995

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3Cited by3 opinions

  1. Metropolitan Van & Storage, Inc. v. United StatesUnited States Court of Federal Claims · 2011
  2. Agma Security Service, Inc. v. United StatesUnited States Court of Federal Claims · 2022
  3. Agma Security Service, Inc. v. United StatesUnited States Court of Federal Claims · 2022

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