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FORMER EMPLOYEES, MOTOROLA CERAMIC PRODS. v. U.S.

No. 02-1223.

336 F.3d 1360 (2003)

FORMER EMPLOYEES OF MOTOROLA CERAMIC PRODUCTS, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 24, 2003.

Attorney(s) appearing for the Case

Munford Page Hall, II, Dorsey & Whitney LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Linda B. Popejoy.

Claudia Burke, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Robert D. McCallum, Jr., Associate Attorney General; David M. Cohen, Director; and Lucius B. Lau, Assistant Director.

Before CLEVENGER, RADER, and DYK, Circuit Judges.

Opinion of the court filed by Circuit Judge DYK; Dissenting opinion filed by Circuit Judge RADER.

DYK, Circuit Judge.

James Barney and Michael Hanseman ("appellants") appeal the Court of International Trade's decision denying them attorneys' fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, on the ground that they were not "prevailing parties." We hold that parties who secure a consent order remanding a proceeding to an administrative...

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