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BURKHARDT v. GOBER

No. 99-7034.

232 F.3d 1363 (2000)

Kenneth R. BURKHARDT, Claimant-Appellant, v. Hershel W. GOBER, Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied January 9, 2001.

Attorney(s) appearing for the Case

Robert V. Chisholm, Chisholm Chisholm & Kilpatrick, of Providence, Rhode Island, argued for claimant-appellant.

R. Alan Miller, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were David W. Ogden, Assistant Attorney General, David M. Cohen, Director, and Bryant G. Snee, Assistant Director.

Before MICHEL, LOURIE, and LINN, Circuit Judges.

LINN, Circuit Judge.

Kenneth R. Burkhardt seeks review of the final decision of the United States Court of Veterans Appeals1 holding that it did not have jurisdiction over an application for costs and fees, submitted under the Equal Access to Justice Act ("EAJA"). See Burkhardt v. West, No. 96-721, 1998 WL 831421 (Vet.App. Nov. 9, 1998). Because the Court of Appeals for Veterans Claims properly dismissed Burkhardt's EAJA application...

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