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TAYLOR v. UNITED STATES

No. 84-1217.

749 F.2d 171 (1984)

Orville TAYLOR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Third Circuit.

Decided November 30, 1984.

Rehearing Denied February 6, 1985.

Attorney(s) appearing for the Case

Stanley M. Shingles, Philadelphia, Pa., Thomas B. Kenworthy, Morgan, Lewis & Bockius, Philadelphia, Pa., for appellant.

Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief of Appeals, Margaret L. Hutchinson, Asst. U.S. Atty., Charles R. Gross, Captain, U.S. Marine Corps, Philadelphia, Pa., for appellee.

Before SEITZ and ADAMS, Circuit Judges, and LACEY, District Judge.

Submitted Under Third Circuit Rule 12(6) November 2, 1984.

PER CURIAM.

Appellant Orville Taylor appeals from an order of the district court denying his request for fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412 (1982) (EAJA).1 The district court held that Taylor's petition was untimely under § 2412(d)(1)(B) of the EAJA, because it was filed more than thirty days after the district court's final...

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