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DOTY v. U.S.

Nos. 94-5013, 94-5014.

71 F.3d 384 (1995)

James DOTY and Susan Doty, Plaintiffs-Appellants, v. The UNITED STATES, Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

November 30, 1995.

Attorney(s) appearing for the Case

James R. Anderson, Marshall, Minnesota, filed plaintiffs-appellants' motion to allow filing a reply brief to the brief of defendant/cross-appellant challenging plaintiff-appellants' application for attorney fees and expenses pursuant to the Equal Access To Justice Act.

John C. Erickson, III, Commercial Litigation Branch, Department of Justice, Washington, DC, filed United States' motion to suspend consideration of the application for attorney fees, or, alternatively, United States' motion for an enlargement of time to respond to the application for attorney fees. With him on the motion was Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Terrence G. Jackson, Attorney, Office of the General Counsel, Department of Agriculture, Washington, DC. Of counsel was Jeffrey Knishkowy, Office of the General Counsel, Department of Agriculture, Washington, DC.

Before RICH, Circuit Judge, COWEN, Senior Circuit Judge, and NEWMAN, Circuit Judge.

NEWMAN, Circuit Judge.

This request for attorney fees and expenses flows from the decision reported at Doty v. United States, 53 F.3d 1244 (Fed.Cir. 1995), and is filed pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). The government opposes the petition.

The "Position" Applicable to Attorney Fees

The EAJA provides for the award of attorney fees to a prevailing party other than...

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