WARD v. U.S. POSTAL SERVICE

No. 2010-3021.

672 F.3d 1294 (2012)

Thomas O. WARD, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Federal Circuit.

March 12, 2012.


Attorney(s) appearing for the Case

Matthew J. Dowd , Wiley Rein LLP, of Washington, DC, filed an application for attorney fees for petitioner. With him on the application were Robert J. Scheffel ; of counsel was Joseph J. Chester , Caplan & Chester, of Pittsburgh, PA.

Shari A. Rose , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, filed a response to the application for respondent. With her on the opposition were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Deborah A. Bynum , Assistant Director. Of counsel was Michael J. Elston , Appellate Counsel, Office of the General Counsel, United States Postal Service, of Washington, DC.

Concurring opinion filed by Circuit Judge PROST, in which Chief Judge RADER joins. Opinion concurring in the judgment filed by Circuit Judge DYK.


ON APPLICATION FOR ATTORNEY FEES

PER CURIAM.

ORDER

Thomas O. Ward applies for an award of attorney's fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412. Because Mr. Ward qualifies as a "prevailing party," we grant his request.

I

On August 19, 2008, Mr. Ward, a maintenance mechanic for the U.S. Postal Service ("Agency"), was involved in an incident with a supervisor in which he shouted, acted in a manner...

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