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DOUGHERTY v. LEHMAN

Nos. 82-1360, 82-1418.

711 F.2d 555 (1983)

DOUGHERTY, Gregory, Appellant, v. LEHMAN, John, Secretary of the Navy, Appellee. DOUGHERTY, Gregory, Appellee, v. LEHMAN, John, Secretary of the Navy Appellant.

United States Court of Appeals, Third Circuit.

Decided June 30, 1983.

Attorney(s) appearing for the Case

Christopher F. Stouffer (argued), Hepburn, Willcox, Hamilton & Putnam, Philadelphia, Pa., for Dougherty.

Peter F. Vaira, U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Edward F. Borden, Jr. (argued), Asst. U.S. Atty., Philadelphia, Pa., for Lehman.

Before SEITZ, Chief Judge, and ADAMS and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

Gregory J. Dougherty (Dougherty) and John F. Lehman, Secretary of the Navy ("Secretary") appeal from orders of the United States District Court for the Eastern District of Pennsylvania, filed May 12 and July 9, 1982, granting, in part, Dougherty's petition for an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (Supp. IV 1980). Dougherty contends that the district...

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