Legal Opinion

Leroy H. Ellis v. The United States

Court of Appeals for the Federal Circuit

Decided July 13, 1983No. Appeal 83-556, 83-724PublishedCited by 77 opinions

1Opinion of the Court

DAVIS, Circuit Judge.

LeRoy H. Ellis appeals from a judgment of the United States Claims Court denying his application for attorney’s fees and costs pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Supp. V 1981). That court declined to award attorney’s fees and costs to appellant because, in its view, the government’s litigation position was “substantially justified.” We affirm in part and reverse in part.

I

Appellant’s application for attorney’s fees and costs follows upon his long-pending effort to recover his hazardous duty retirement annuity in the Court of Claims. The…

2Cases cited14 opinions

  1. BROAD AVENUE LAUNDRY AND TAILORING, Petitioner, v. the UNITED STATES, RespondentCourt of Appeals for the Federal Circuit · 1982
  2. Photo Data, Inc. v. SawyerDistrict Court, District of Columbia · 1982
  3. August Gava, Jr. v. The United StatesCourt of Appeals for the Federal Circuit · 1983
  4. Alspach v. District Director of Internal RevenueDistrict Court, D. Maryland · 1981
  5. Goldhaber v. FoleyCourt of Appeals for the Third Circuit · 1983

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

3Cited by77 opinions

  1. Stillwell v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  2. Sierra Club v. Secretary of the Army, Sierra Club v. Secretary of the Army, Sierra Club v. Secretary of TransportationCourt of Appeals for the First Circuit · 1987
  3. In Re David Larry Davis, Debtor. Charles A. Gower, Trustee v. Farmers Home AdministrationCourt of Appeals for the Eleventh Circuit · 1990
  4. Essex Electro Engineers, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1985
  5. James Doty and Susan Doty v. The United States, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1995

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

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