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BAILEY v. UNITED STATES

Appeal No. 83-846.

721 F.2d 357 (1983)

James A. BAILEY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

November 18, 1983.

Attorney(s) appearing for the Case

John A. Everhard, Falls Church, Va., argued for appellant. With him on the brief was Paul A. Kiefer, Washington, D.C.

Louis R. Davis, Washington, D.C., argued for appellee. With him on the brief were J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director and George M. Beasley, III, Washington, D.C.

Before RICH, DAVIS, BENNETT, MILLER and SMITH, Circuit Judges.

BENNETT, Circuit Judge.

James A. Bailey appeals from a judgment of the United States Claims Court, 1 Cl.Ct. 69 (1983), denying his application for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Supp. V 1981). It was held that: (1) the Claims Court has jurisdiction to award fees under the EAJA in this case; (2) Bailey is not entitled to attorney fees resulting from his successful prosecution of his military pay claim because the...

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