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WILLIS v. U.S. POSTAL SERVICE

No. 00-3126.

245 F.3d 1333 (2001)

Betty W. Willis, Petitioner, v. UNITED STATES Postal Service, Respondent.

United States Court of Appeals, Federal Circuit.

DECIDED: April 3, 2001.

Attorney(s) appearing for the Case

John P. Gamlin, John P. DiFalco & Associates, P.C., of Fort Collins, Colorado, argued for petitioner.

Kent G. Huntington, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With him on the brief were David M. Cohen, Director; and James M. Kinsella, Deputy Director. Of counsel on the brief were R. Andrew German, Managing Counsel; and Brian M. Reimer, Attorney, Legal Policy, United States Postal Service.

Before NEWMAN, MICHEL, and GAJARSA, Circuit Judges.

MICHEL, Circuit Judge.

This appeal concerns the award of attorney fees at an hourly rate significantly lower than the rates billed by the attorneys representing a successful appellant before the Merit Systems Protection Board ("Board"). We address whether an applicant for a fee award submitted evidence sufficient to establish, prima facie, that the billing rates at which the recovery of attorney fees is sought were "reasonable," as required by the applicable fee recovery...

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