NEAL & CO., INC. v. U.S.

No. 97-5027.

121 F.3d 683 (1997)

NEAL & COMPANY, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 19, 1997.


Attorney(s) appearing for the Case

R.R. DeYoung, Wade & De Young, Anchorage, AK, for plaintiff-appellant.

E. Michael Chiaparas, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Jeanne E. Davidson, Assistant Director.

Before LOURIE, RADER, and SCHALL, Circuit Judges.


RADER, Circuit Judge.

The United States Court of Federal Claims awarded damages to Neal & Company, Inc. (NCI) in its suit against the United States for breach of contract. Neal & Co., Inc. v. United States, 36 Fed. Cl. 600 (1996). NCI appeals the trial court's decision that each party would bear its own costs and the trial court's denial of its Motion for Award of Costs. Because the Equal Access to Justice Act (EAJA) vests discretion in the trial court...

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