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JACOBS v. SCHIFFER

No. 99-5217.

204 F.3d 259 (2000)

Daniel S. JACOBS, Appellant, v. Lois J. SCHIFFER, in her official capacity as Assistant Attorney General for the Environment and Natural Resources Division of the U.S. Department of Justice, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 2000.

Attorney(s) appearing for the Case

Kathleen L. Jennings argued the cause for appellant. With her on the briefs was Robert A. Van Kirk.

Thomas M. Bondy, Attorney, United States Department of Justice, argued the cause for appellee. With him on the brief were David W. Ogden, Acting Assistant Attorney General, Barbara C. Biddle, Assistant Director, and Wilma A. Lewis, United States Attorney.

Before: GINSBURG, SENTELLE and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Having obtained a partial judgment in his favor, see Jacobs v. Schiffer, 47 F.Supp.2d 16 (D.D.C.1999), Daniel S. Jacobs appeals the denial of attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 ("EAJA"). Jacobs contends that the district court misperceived the relevant inquiry under EAJA and that as a matter...

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