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PELLICANO v. UNITED STATES

No. 82-4173.

726 F.2d 459 (1983)

Anthony J. PELLICANO, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 4, 1983.

Attorney(s) appearing for the Case

Richard Keith Corbin, Sacramento, Cal., for plaintiff-appellant.

Perry Anderson, Washington, D.C., for defendant-appellee.

Before BROWNING, DUNIWAY and PREGERSON, Circuit Judges.

PER CURIAM:

We granted a rehearing, 692 F.2d 75, on the question of whether an award to Pellicano of attorneys' fees can be made. We adopt the reasoning of Nibali v. United States, 634 F.2d 494 (Ct.Cl.1980), in which the Court of Claims held that attorney fees may not be awarded in a civilian pay case that was pending in a court when the Civil Service Reform Act became effective. On that basis...

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