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FANNING, PHILLIPS AND MOLNAR v. WEST

Nos. 97-1097, 97-1413.

160 F.3d 717 (1998)

FANNING, PHILLIPS AND MOLNAR, Appellant, v. Togo D. WEST, Jr., Secretary of Veterans Affairs, Appellee.

United States Court of Appeals, Federal Circuit.

November 12, 1998.

Attorney(s) appearing for the Case

Howard P. Fitz, of Mineola, New York, for appellant.

Todd M. Hughes, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and Sharon Y. Eubanks, Deputy Director. Of counsel was Kirk T. Manhardt.

Before RICH, BRYSON, and GAJARSA, Circuit Judges.

DECISION

GAJARSA, Circuit Judge.

Fanning, Phillips & Molnar ("FP & M") seeks review of two decisions of the Department of Veterans Affairs Board of Contract Appeals (the "Board"), which partially denied FP & M's applications for fees pursuant to the Equal Access to Justice Act, 5 U.S.C. § 504 (the "EAJA"). See Fanning, Phillips & Molnar, VABCA No. 3856E, 97-2 BCA ¶ 29,008, 1997 WL 374484 (June 2, 1997) and

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