Legal Opinion

Missouri Pacific Truck Lines, Inc. v. The United States

Court of Appeals for the Federal Circuit

Decided October 12, 1984No. Appeal 84-604PublishedCited by 12 opinions

1Opinion of the Court

ORDER

FRIEDMAN, Circuit Judge.

Appellee Missouri Pacific Truck Lines, Inc. (“MoTruek”) has filed an application pursuant to the Equal Access to Justice Act, 28 U.S.C..§ 2412 (1982) (the Act), for an award of attorney fees and expenses incurred in the appeal in this case. In that appeal this court affirmed the decision of the United States Claims Court in favor of MoTruek in a tax refund suit. 736 F.2d 706 (Fed.Cir.1984).

In support of its claim, appellee states that (1) it is the prevailing party, (2) at the initiation of the litigation it had assets totaling less than $5 million, and (3) the…

2Cases cited3 opinions

  1. Citizens Council of Delaware County Chester-Ridley-Crum Watersheds Association: Whiskey Run Rebellion League of Women Voters of Swarthmore Rhoda Gribbel Roy Smith Donna and Leonard Mammucari John and Barbara Crowther Alan and Margot Hunt and Marion Lebeis v. Claude S. Brinegar, Secretary of Transportation of the United States and Jacob Kassab, Secretary of Transportation of the Commonwealth of Pennsylvania and Harry A. McNichol Chairman, and Nicholas F. Catania and William A. Springler, Commissioners of Delaware County, and Gus D. Houtman, President, and James W. Davis, Theodore D. Hadley, Jr. And James J. McKeehen Branton H. Henderson and Charles E. Weber, Members of the Park and Recreation Board of Delaware County and John J. Shields, President, and Anthony Daliessio, John D. Donald, Peter J. O'keefe, Norman R. Lincoln, John Haller, Charles S. Bottino, W. Gordo Atherholt and Samuel B. Morrelli, Members of the Ridley Township Board of Commissioners, Marple Township and Radnor Township and Swarthmore College Ashwood Manor Civic Association, Appellees/cross-Appellants v. Lewis, Drew, Secretary of Transportation of the United States and Larson, Thomas D., Secretary of Transportation of the Commonwealth of Pennsylvania and the Chester Group the Honorable Edgar, Robert W. The County of Delaware the City of Chester the Borough of Upland the Borough of Trainer the Borough of Eddystone the Borough of Marcus Hook the Delaware County Chamber of Commerce the Delaware County Afl-Cio Council the Committee for the Blue Route Hart, David K. Jordan, Richard C., Jr. And Clayton, Howard J. The Greater Philadelphia Chamber of Commerce Penjerdel Council and the Borough of Prospect Park, Appellant/cross-Appellee. Marple Township and Radnor Township and Swarthmore College Ashwood Manor Civic Association v. Lewis, Drew, Secretary of Transportation of the United States and Larson, Thomas D., Secretary of Transportation of the Commonwealth of Pennsylvania and the Chester Group the Honorable Edgar, Robert W. The County of Delaware the City of Chester the Borough of Upland the Borough of Trainer the Borough of Eddystone the Borough of Marcus Hook the Delaware County Chamber of Commerce the Delaware County Afl-Cio Council the Committee for the Blue Route Hart, David K. Jordan, Richard C., Jr. And Clayton, Howard J. The Greater Philadelphia Chamber of Commerce Penjerdel Council and the Borough of Prospect ParkCourt of Appeals for the Third Circuit · 1984
  2. Hoopa Valley Tribe v. WattDistrict Court, N.D. California · 1983
  3. Missouri Pacific Truck Lines, Inc. v. United StatesUnited States Court of Claims · 1983

3Cited by12 opinions

  1. Unification Church v. Immigration & Naturalization ServiceCourt of Appeals for the D.C. Circuit · 1985
  2. Lee v. JohnsonCourt of Appeals for the Third Circuit · 1986
  3. Lion Raisins, Inc. v. United StatesUnited States Court of Federal Claims · 2003
  4. Al Ghanim Combined Group Co. Gen. Trad. & Cont. W.L.L. v. United StatesUnited States Court of Federal Claims · 2005
  5. Asphalt Supply & Service, Inc. v. United StatesUnited States Court of Federal Claims · 2007

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