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CINCIARELLI v. REAGAN

No. 83-1289.

729 F.2d 801 (1984)

Brigadier General Roland F. CINCIARELLI, Appellant, v. The Honorable Ronald REAGAN, President of the United States, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 6, 1984.

Attorney(s) appearing for the Case

William Stoll Hemsley, Jr., Washington, D.C., with whom Frank A. S. Campbell, Washington, D.C., was on the brief, for appellant.

John Oliver Birch, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C., at the time the brief was filed, and Royce C. Lamberth, R. Craig Lawrence, and Michael J. Ryan, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellees.

Before WRIGHT and TAMM, Circuit Judges, and SWYGERT, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

In this case we review the District Court's denial of a request for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Supp. V 1981). Appellant, a brigadier general in the Marine Corps reserve, sued the Marines on the ground that his service on temporary active status under a Standard Written...

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