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COOK v. BROWN

No. 94-7073.

68 F.3d 447 (1995)

James R. COOK, Claimant-Appellant, v. Jesse BROWN, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

October 11, 1995.

Attorney(s) appearing for the Case

Ronald L. Smith, Disabled American Veterans, Bowie, Maryland, argued for claimant-appellant.

Brian M. Simkin, Attorney, Commercial Litigation Branch, Department of Justice, Washington, D.C., argued for respondent-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director and Anthony H. Anikeeff, Assistant Director.

Before RICH, PLAGER, and LOURIE, Circuit Judges.

PLAGER, Circuit Judge.

This case requires us to determine whether § 204 of the Equal Access to Justice Act ("EAJA"), Pub.L. No. 96-481, § 204, 94 Stat. 2328 (1980), codified as amended at 28 U.S.C. § 2412(d), authorizes an award of fees for the services of an unsupervised nonlawyer representative appearing before the Court of Veterans Appeals on behalf of a veteran appealing a denial of benefits. The Court of Veterans Appeals denied such an award...

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