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WAGNER v. SHINSEKI

No. 2010-7113.

640 F.3d 1255 (2011)

Phillip E. WAGNER, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

April 29, 2011.

Attorney(s) appearing for the Case

Kenneth M. Carpenter , Carpenter Chartered , of Topeka, KS, argued for claimant-appellant. On the brief was Theodore C. Jarvi , Law Offices of Theodore C. Jarvi, of Tempe, AZ.

Daniel Rabinowitz , Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Brian M. Simkin , Assistant Director. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Kristiana Brugger , Attorney, United States Department of Veterans Affairs, of Washington, DC.

Before BRYSON, MAYER, and DYK, Circuit Judges.

MAYER, Circuit Judge.

Phillip E. Wagner appeals from a final judgment of the United States Court of Appeals for Veterans Claims ("Veterans Court") denying his application for supplemental attorney fees incurred in the defense of his initial application for attorney fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. See Wagner v. Shinseki, No. 08-1702, 2010 WL 1583960, 2010 U.S.App. Vet. Claims LEXIS 713 (Vet.App. Apr. 21, 2010). We...

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