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TYLER v. FITZSIMMONS

No. 92-1559.

990 F.2d 28 (1993)

Cathy TYLER, Plaintiff, Appellant, v. John FITZSIMMONS, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 7, 1993.

Attorney(s) appearing for the Case

Robert Edmond Mittel with whom Mittel, Asen, Eggert & Hunter was on brief for plaintiff, appellant.

William G. Cole, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., William Kanter, Atty., Dept. of Justice, and Richard S. Cohen, U.S. Atty., were on brief for defendants, appellees.

Before CYR, Circuit Judge, BOWNES, Senior Circuit Judge, and FUSTÉ, District Judge.

CYR, Circuit Judge.

Appellant Cathy Tyler challenges a district court order dismissing her application for an award of attorney fees pursuant to the Equal Access to Justice Act ("EAJA") for lack of jurisdiction. We vacate and remand for further proceedings on the merits of the fee application.

I

BACKGROUND

The United States Department of Labor ("USDOL") administers a program under the Trade Act of 1974 (the "Trade Act"), 19 U.S.C. §...

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