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DAVIS v. NICHOLSON

No. 2006-7053.

475 F.3d 1360 (2007)

Alice DAVIS (as surviving spouse of Phillip Davis, deceased), Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 5, 2007.

Attorney(s) appearing for the Case

Sandra E. Booth, of Columbus, Ohio, argued for claimant-appellant.

Marla T. Conneely, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Donald E. Kinner, Assistant Director. Of counsel on the brief was Michael J. Timinski, Deputy Assistant General Counsel, United States Department of Veterans Affairs, of Washington, DC. Of counsel was Martin J. Sendek, Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before MICHEL, Chief Judge, RADER and LINN, Circuit Judges.

MICHEL, Chief Judge.

Phillip Davis appeals from the judgment of the United States Court of Appeals for Veterans Claims ("Veterans Court") denying his application for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). Davis v. Nicholson, 20 Vet.App. 235 (Vet.App.2005) ("EAJA Decision"). For the reasons discussed below, we affirm.

I. BACKGROUND

Davis, a World War II veteran, filed a claim for Total...

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