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SCHUENEMEYER v. UNITED STATES

Appeal No. 84-1716.

776 F.2d 329 (1985)

George E. SCHUENEMEYER, III, Petitioner, v. UNITED STATES, Respondent.

United States Court of Appeals, Federal Circuit.

November 4, 1985.

Attorney(s) appearing for the Case

John E. Corcoran, Jr., Washington, D.C., submitted, for petitioner.

Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Asst. Director, Charles L. Schlumberger, and Charles R. Gross, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., submitted, for respondent.

Before RICH and DAVIS, Circuit Judges, and COWEN, Senior Circuit Judge.

COWEN, Senior Circuit Judge.

Following our unpublished decision in George E. Schuenemeyer, III v. United States, 770 F.2d 177 (Fed.Cir.1985), which reversed the decision of the United States Claims Court (Claims Court), 6 Cl.Ct. 97 (1984), petitioner filed an application for an award of costs and attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. We grant the application.

Background

Petitioner,...

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