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MASSA v. DEPARTMENT OF DEFENSE

Appeal No. 86-1404.

833 F.2d 991 (1987)

Edmund J. MASSA, Jr., Petitioner, v. DEPARTMENT OF DEFENSE, Respondent.

United States Court of Appeals, Federal Circuit.

November 18, 1987.

Attorney(s) appearing for the Case

George F. Kelly, of Ryan & White, Springfield, Mass., argued for petitioner. With him on the brief was Marcia Brayton Julian, of Ryan & White, Springfield, Mass.

Diane L. Donley, of the Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With her on the brief were Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director and Robert A. Reutershan. John Monahan, of the Defense Logistics Agency, Boston, Mass., of counsel.

Before MARKEY, Chief Judge, and NIES and BISSELL, Circuit Judges.

ORDER

BISSELL, Circuit Judge.

Pursuant to the Back Pay Act, 5 U.S.C. § 5596(b)(1)(A)(ii) (1982), and the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(3) (Supp. III 1985) (EAJA), Massa has applied for attorney fees and expenses with respect to the legal work performed in connection with his challenge before the Merit Systems Protection Board (Board) and his appeal to this court. By published opinion, Massa v. Department of Defense,

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