Legal Opinion
William Eugene Owen, as of the Estate of Caroline Pearson Payne v. The United States
Court of Appeals for the Federal Circuit
Decided November 25, 1988No. Appeal 87-1405PublishedCited by 47 opinions
1Per curiam
Appellant’s counsel having succeeded on appeal in overturning a Claims Court judgment for the defendant in this taking case, Owen v. United States, 851 F.2d 1404 (Fed.Cir.1988), now moves for attorney fees, expenses, and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Supp. IV 1986). We deny and dismiss the motion.
OPINION
In a civil action other than tort the EAJA provides for payment of attorney fees and other expenses to a “prevailing party” (other than the United States), unless the court finds that the position of the United States was “substantially justified or that…
2Cases cited6 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Hanrahan v. HamptonSupreme Court of the United States · 1980
- William Eugene Owen, as of the Estate of Caroline Pearson Payne v. The United StatesCourt of Appeals for the Federal Circuit · 1988
- Naporano Iron and Metal Company, Andrew J. Naporano and Beatrice Naporano, Andrew J. Naporano and Sharon Naporano v. The United StatesCourt of Appeals for the Federal Circuit · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Community Heating & Plumbing Company, Inc. v. H. Lawrence Garrett, Iii, Secretary of the NavyCourt of Appeals for the Federal Circuit · 1993
- Monroe White, Sr., Claimant-Appellant v. R. James Nicholson, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2005
- Griffin & Dickson v. United StatesUnited States Court of Claims · 1990
- Patrick v. Dept. Of Veterans AffairsCourt of Appeals for the Federal Circuit · 2011
- Bowey v. WestCourt of Appeals for the Federal Circuit · 2000
42 more not listed; retrieve them via the Exa API.