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RICE SERVICES, LTD. v. U.S.

No. 04-5069.

405 F.3d 1017 (2005)

RICE SERVICES, LTD., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

DECIDED: April 27, 2005.

Attorney(s) appearing for the Case

Keith L. Baker, Barton, Baker, McMahon, Hildebrant & Tolle, LLP, of McLean, Virginia, argued for plaintiff-appellee. With him on the brief was William T. Welch.

Richard P. Schroeder, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. 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 was Paul W. Knoth, Attorney, Office of the General Counsel, United States Department of the Navy, of Washington, DC.

Before SCHALL, DYK, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge SCHALL. Concurring opinion filed by Circuit Judge DYK.

SCHALL, Circuit Judge.

This is an appeal of a judgment awarding attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412.1 The case stems from a bid-protest action brought by Rice Services, Ltd. ("Rice") against the Department of the Navy ("Navy") challenging the award of a contract for dining services...

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