FRITZ v. PRINCIPI

No. 00-7139.

264 F.3d 1372 (2001)

James F. FRITZ, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

September 6, 2001.


Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimant-appellant.

Doris S. Finnerman, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were David M. Cohen, Director; and Kathryn A. Bleecker, Assistant 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.

Before RADER, GAJARSA, DYK, Circuit Judges.


DECISION

GAJARSA, Circuit Judge.

This is an appeal from a decision of the Court of Appeals for Veterans Claims ("CAVC") denying the application of James A. Fritz for supplemental attorney fees originating from the defense of an initial attorney fees application under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (1994). The CAVC granted payment of the initial EAJA claim, but did not allow the supplemental EAJA application because it reasoned...

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