HAIRE v. U.S.

No. 88-1627.

869 F.2d 531 (1989)

Robert William HAIRE, Sr., Plaintiff-Appellant, v. UNITED STATES of America; Malcolm Baldrige, Secretary of Commerce; United States Department of Commerce, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 9, 1989.


Attorney(s) appearing for the Case

Mark D. Patrizio, San Francisco, Cal., for plaintiff/appellant.

Jacob M. Lewis, Washington, D.C., for defendants/appellees.

Before NORRIS, NOONAN and LEAVY, Circuit Judges.


NOONAN, Circuit Judge:

Robert W. Haire brought suit against the United States under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504 seeking to recover attorney's fees and costs incurred in a proceeding under the Export Administration Act (EAA), 50 U.S.C.App. § 2401 et seq. The district court dismissed Haire's suit for lack of jurisdiction, and Haire appealed. We hold that jurisdiction did exist and that the EAJA does not apply to the EAA proceeding...

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