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MASSIE v. U.S.

No. 00-5042.

226 F.3d 1318 (2000)

Jill K. MASSIE, as mother and next friend of Autumn Massie, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 25, 2000.

Attorney(s) appearing for the Case

R. Gordon Pate, Pate, Lloyd, Fuston & Cochrun, L.L.P., of Birmingham, Alabama, argued for plaintiff-appellant.

Domenique Kirchner, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; Robert Kirschman, Assistant Director; and Brian S. Smith, Attorney.

Before MAYER, Chief Judge, FRIEDMAN, Senior Circuit Judge, and MICHEL, Circuit Judge.

MAYER, Chief Judge.

Jill K. Massie, as mother and next friend of Autumn Massie, appeals the judgment of the United States Court of Federal Claims, 45 Fed. Cl. 213 (1999), which denied her request for a lump sum payment of damages for the government's breach of an agreement to pay a claim arising under the Military Claims Act, 10 U.S.C. §§ 2731-2738 (1994), and her request for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"). We reverse...

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