AUSTIN v. DEPARTMENT OF COMMERCE

Appeal Nos. 83-1367 to 83-1369, 83-1378.

742 F.2d 1417 (1984)

Gary D. AUSTIN, Ann Crispin, Arlana Hines, Anola Nightengale, Petitioners, v. DEPARTMENT OF COMMERCE, Respondent.

United States Court of Appeals, Federal Circuit.

August 31, 1984.


Attorney(s) appearing for the Case

Phillip R. Kete, Washington, D.C., argued, for petitioners.

Robin M. Gerber, Washington, D.C., was on brief, for petitioners.

Sandra P. Spooner, Washington, D.C., argued, for respondent. With her on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Beacham O. Brooker, Jr., Washington, D.C.

L. Jon Pearson, Dept. of Commerce, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and BALDWIN and KASHIWA, Circuit Judges.


KASHIWA, Circuit Judge.

This is an application under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1982), for an award of attorney fees incurred in connection with petitioners' appeal to this court from a decision of a presiding official of the Merit Systems Protection Board upholding a reduction in force by the Census Bureau.

I

On March 21, 1982, petitioners,2 Census Bureau employees, were downgraded...

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