Leroy H. Ellis v. The United States
Court of Appeals for the Federal Circuit
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
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- Alspach v. District Director of Internal RevenueDistrict Court, D. Maryland · 1981
- Goldhaber v. FoleyCourt of Appeals for the Third Circuit · 1983
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