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OLIVEIRA v. U.S.

No. 87-1101.

827 F.2d 735 (1987)

Ferdinand OLIVEIRA, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 13, 1987.

Attorney(s) appearing for the Case

Joel V. Lumer, of Miami, Fla., argued for plaintiff-appellant. With him on the brief was Bruce S. Rogow, of Nova University Law Center, Ft. Lauderdale, Fla.

Charles R. Gross, of the Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, and Robert A. Reutershan, Asst. Director. Of counsel was Jay L. Cohen, Dept. of the Air Force, Office of the Judge Advocate General, Washington, D.C.

Before FRIEDMAN, Circuit Judge, SKELTON, Senior Circuit Judge, and SMITH, Circuit Judge.

EDWARD S. SMITH, Circuit Judge.

In this case resulting from the removal and subsequent reinstatement of Ferdinand Oliveira, a federal civilian employee, to his position as a warehouseman at the Homestead Air Force Base, the United States Claims Court granted attorney fees under the Equal Access to Justice Act (EAJA),1 but denied attorney fees under the Back Pay Act.2 We affirm in part, reverse in part, and...

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