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MENDENHALL v. NATIONAL TRANSP. SAFETY BD.

No. 98-70211.

213 F.3d 464 (2000)

Bonnie Lee MENDENHALL, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD; Federal Aviation Administration, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed May 22, 2000

As Amended on Denial of Rehearing July 10, 2000

Attorney(s) appearing for the Case

Joseph D. Kuchta (argued), Kuchta & Brinker, Washington, D.C., for the petitioner.

Frank W. Hunger, Michael Jay Singer, and John S. Koppel (argued), United States Department of Justice, Washington, D.C., for the respondent.

Before: REINHARDT, THOMPSON, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a federal agency properly determined an award of attorneys' fees to a petitioner wrongly charged with violating that agency's regulations.

I

This case first came before us as a petition for review of an order issued by the National Transportation Safety Board ("NTSB") denying attorneys' fees under the Equal Access to Justice Act ("EAJA"), Pub.L. No. 99-80, 99 Stat. 183 (1985), codified at...

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