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BLACKMON v. UNITED STATES

No. 85-5765.

807 F.2d 70 (1986)

Bryant Franklin BLACKMON, Jr., Plaintiff-Appellant, v. UNITED STATES of America, United States Dept. of Labor, Office of Federal Employees' Compensation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 9, 1986.

Rehearing and Rehearing Denied February 19, 1987.

Attorney(s) appearing for the Case

John W. Gill, U.S. Atty., Chattanooga, Tenn., John C. Cook, for defendants-appellees.

Joe Timberlake, Chattanooga, Tenn., for plaintiff-appellant.

Before WELLFORD and BOGGS, Circuit Judges, and DeMASCIO, District Judge.

Rehearing and Rehearing En Banc Denied February 19, 1987.

WELLFORD, Circuit Judge.

Appellant appeals District Judge Edgar's determination that attorneys' fees could not be awarded against the United States Department of Labor under the Equal Access to Justice Act (EAJA). Judge Edgar relied upon Trident Marine Construction, Inc. v. District Engineer, United States Army Corps of Engineers, 766 F.2d 974 (6th Cir.1985)...

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