Randall C. SCARBOROUGH, Claimant-Appellant,
v.
Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
December 10, 2001.
December 10, 2001.
Attorney(s) appearing for the Case
Peter J. Sarda, Wallace, Creech & Sarda, L.L.P., of Raleigh, NC, argued for claimant-appellant.
Joseph Trautwein, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were David M. Cohen, Director; and Mark A. Melnick, Assistant Director. Of counsel on the brief were Donald E. Zeglin, Deputy Assistant General Counsel; and Michelle Doses Bernstein, Attorney, Department of Veterans Affairs, of Washington, DC.
Before MAYER, Chief Judge, RADER, and LINN, Circuit Judges.
United States Court of Appeals, Federal Circuit.
LINN, Circuit Judge.
Randall C. Scarborough appeals from a dismissal by the United States Court of Appeals for Veterans Claims ("Court of Veterans Claims") for lack of subject matter jurisdiction over his application for attorney fees and expenses under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (1994). We hold that an application for attorney fees and expenses that does not include, prior to expiration...
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