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BAZALO v. WEST

No. 97-7060.

150 F.3d 1380 (1998)

Charles W. BAZALO, Claimant-Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

August 6, 1998.

Attorney(s) appearing for the Case

Conrad R. Leikauf, Branchburg, New Jersey, argued for claimant-appellant.

Michael E. Robinson, Attorney, Civil Division, Appellate Staff, U.S. Department of Justice, Washington, DC, argued for appellee. With him on the brief was Michael Jay Singer, Attorney. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel, and David J. Barrans, Staff Attorney, U.S. Department of Veterans Affairs, Washington, DC.

Before RICH, NEWMAN, and SCHALL, Circuit Judges.

Opinion for the court filed by Circuit Judge RICH. Dissenting opinion filed by Circuit Judge SCHALL.

RICH, Circuit Judge.

Charles W. Bazalo (Bazalo) appeals from a dismissal by the United States Court of Veterans Appeals (Court of Veterans Appeals) for lack of subject matter jurisdiction over his application for attorney fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1994). We reverse and remand.

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