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ABBS v. PRINCIPI

No. 99-7112.

237 F.3d 1342 (2001)

Herbert J. ABBS and Peter J. Wisner, Claimants-Appellants, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED January 26, 2001.

Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, Kansas, argued for claimants-appellants.

Christian J. Moran, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent-appellee.

On the brief were David W. Ogden, Assistant Attorney General; David M. Cohen, Director; Harold D. Lester, Jr., Assistant Director; and John J. Field, Attorney. Of counsel on the brief were Richard J. Hipolit and Martin J. Sendek, Department of Veterans Affairs, of Washington, DC.

Before MICHEL, RADER, and LINN, Circuit Judges.

MICHEL, Circuit Judge.

Herbert J. Abbs and Peter J. Wisner appeal the United States Court of Appeals for Veterans Claims ("Veterans Court") April 14, 1999 decision denying their application for attorney fees pursuant to the Equal Access to Justice Act ("EAJA"), Pub.L. No. 96-481, Tit. II, 94 Stat. 2321, 2327 (1980), codified at 28 U.S.C. § 2412. Their application followed our reversal of a ruling of the Veterans Court in an unrelated case. We heard oral argument...

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