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HALPERN v. PRINCIPI

No. 04-7010.

384 F.3d 1297 (2004)

Elie HALPERN, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied November 1, 2004.

Attorney(s) appearing for the Case

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

Kyle E. Chadwick, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, and Franklin E. White, Jr., Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before LOURIE, LINN, and PROST Circuit Judges.

LINN, Circuit Judge.

Elie Halpern ("Halpern") appeals from the judgment of the United States Court of Appeals for Veterans Claims ("Veterans' Court") dismissing his application for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A) (2000). Halpern v. Principi, 17 Vet.App. 225 (2003) ("Halpern V"). Although the Veterans' Court applied the wrong legal standard, as a matter of law we conclude that Halpern is not...

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