HUDSON v. PRINCIPI

No. 00-7141.

260 F.3d 1357 (2001)

Walter C. HUDSON, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided August 15, 2001.


Attorney(s) appearing for the Case

Michael E. Wildhaber, The Law Office of Wildhaber & Associates, of Washington, DC, argued for petitioner.

Paul Hoburg, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were David M. Cohen, Director; and James M. Kinsella, Deputy Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and David J. Barrans, Staff Attorney, Department of Veterans Affairs, of Washington, DC. Of counsel were Jan M. Folena, and John J. Field, Attorneys, Department of Justice, of Washington, DC.

Before NEWMAN, GAJARSA, and DYK, Circuit Judges.


DYK, Circuit Judge.

Walter C. Hudson ("appellant") seeks review of the final decision of the United States Court of Appeals for Veterans Claims1 dismissing his application for an award of attorneys' fees and expenses pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (1994). We hold that the Court of Appeals for Veterans Claims erred in dismissing his EAJA claim, vacate the decision of the Court of Appeals for...

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