Legal Opinion

Kelly v. Bowen

Court of Appeals for the Eighth Circuit

Decided December 14, 1988No. Nos. 87-1999, 87-2164PublishedCited by 71 opinions

1Opinion of the Court

McMILLIAN, Circuit Judge.

These cases were consolidated for purposes of appeal. Both appeals involve applications for attorney’s fees and other expenses to be awarded under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(2)(A). Following oral argument, the court requested supplemental briefing on the issue of the scope of EAJA coverage in light of the 1985 re-enactment and amendment of the EAJA. Act of Aug. 5, 1985, Pub.L. No. 99-80, 99 Stat. 183. For the reasons discussed below, in No. 87-1999, we affirm in part, reverse in part and remand the case for further proceedings. We…

2Cases cited26 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. George R. WEAKLEY, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1986
  4. Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
  5. Lorraine POLASKI, Et Al., Appellees, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppellantCourt of Appeals for the Eighth Circuit · 1984

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3Cited by71 opinions

  1. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  2. Johnson v. SullivanCourt of Appeals for the Eighth Circuit · 1990
  3. Hong-Yee Chiu v. The United StatesCourt of Appeals for the Federal Circuit · 1991
  4. Hyatt v. BarnhartCourt of Appeals for the Fourth Circuit · 2002
  5. McDannel v. ApfelDistrict Court, S.D. Iowa · 1999

66 more not listed; retrieve them via the Exa API.

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