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ELLIS v. UNITED STATES

Appeal Nos. 83-556, 83-724.

711 F.2d 1571 (1983)

LeRoy H. ELLIS, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

July 13, 1983.

Attorney(s) appearing for the Case

Paul F. Stack, Chicago, Ill., argued for appellant. With him on brief was Robert A. Filpi, Chicago, Ill., of counsel.

Velta A. Melnbrencis, New York City, argued for appellee. With her on brief were J. Paul McGrath, Asst. Atty. Gen. and David M. Cohen, Director, Washington, D.C.

Before MARKEY, Chief Judge, and DAVIS and BALDWIN, Circuit Judges.

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...

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