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KOORITZKY v. HERMAN

Nos. 98-5424, 98-5438.

178 F.3d 1315 (1999)

Samuel G. KOORITZKY, Appellee/Cross-Appellant, v. Alexis M. HERMAN, Secretary, United States Department of Labor, Appellant/Cross-Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 1999.

Attorney(s) appearing for the Case

Michael J. Ryan, Assistant U.S. Attorney, argued the cause for appellant/cross-appellee. With him on the briefs were Wilma A. Lewis, U.S. Attorney, R. Craig Lawrence, Assistant U.S. Attorney, and Vincent C. Costantino, Counsel, U.S. Department of Labor.

Christopher A. Teras argued the cause and filed the briefs for appellee/cross-appellant. Samuel G. Kooritzky entered an appearance.

Before: GINSBURG, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Appellant Alexis Herman, Secretary of the Department of Labor ("DOL" or "Department"), seeks reversal of the district court's award of attorney fees under the Equal Access to Justice Act ("EAJA") to Appellee Samuel G. Kooritzky. Kooritzky cross-appeals, alleging that the district court committed errors that resulted in an unwarranted reduction in the amount of attorney fees he...

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