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DEVINE v. SUTERMEISTER

Appeal No. 83-813.

733 F.2d 892 (1984)

Donald J. DEVINE, Director, Office of Personnel Management, Petitioner, v. R.A. SUTERMEISTER, Arbitrator; United States Customs Service, San Francisco Region; and National Treasury Employees Union, Respondents.

United States Court of Appeals, Federal Circuit.

May 4, 1984.

Attorney(s) appearing for the Case

Lenore C. Garon, Washington, D.C., argued for petitioner. With him on the brief were J. Paul McGrath, Asst. Atty. Gen. and David M. Cohen, Washington, D.C., Director.

Kerry L. Adams, Washington, D.C., argued for respondent. With him on the brief were Robert M. Tobias, General Counsel, Lois G. Williams, Washington, D.C., Director of Litigation and David Handsher, San Francisco, Cal.

Before KASHIWA, BENNETT and MILLER, Circuit Judges.

BENNETT, Circuit Judge.

The National Treasury Employees Union (NTEU) brings this application for an award of attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1982), for its successful defense against the Office of Personnel Management's (OPM) appeal before this court in the above-titled action, 724 F.2d 1558 (Fed.Cir.1983). OPM opposes the application on the following grounds: (1) OPM's litigating...

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