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SCARBOROUGH v. PRINCIPI

No. 00-7172.

319 F.3d 1346 (2003)

Randall C. SCARBOROUGH, Claimant-Appellant, v. Anthony J. PRINCIPI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

February 13, 2003.

Attorney(s) appearing for the Case

Brian Wolfman, Public Citizen Litigation Group, of Washington, DC, for claimant-appellant. Of counsel on the brief was Peter J. Sarda, Wallace, Creech & Sarda, L.L.P., of Raleigh, NC.

Joseph Trautwein, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent-appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; 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.

Opinion of the court filed by Circuit Judge LINN. Dissenting opinion filed by Circuit Judge MAYER.

LINN, Circuit Judge.

Randall C. Scarborough ("Scarborough") appeals from a dismissal by the United States Court of Appeals for Veterans Claims ("Veterans' Court") 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 (2000). On December 10, 2001, this court...

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