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SCAFAR CONTRACTING, INC. v. SECRETARY OF LABOR

No. 02-3335.

325 F.3d 422 (2003)

SCAFAR CONTRACTING, INC., Petitioner v. SECRETARY OF LABOR; Occupational Safety and Health Review Commission Respondents.

United States Court of Appeals, Third Circuit.

Filed April 15, 2003.

Attorney(s) appearing for the Case

Joseph Paranac, Jr. (Argued), St. John & Wayne, Newark, NJ, for Petitioner.

Allen H. Feldman, Nathaniel I. Spiller, Mark E. Papadopoulos (Argued), United States Department of Labor Office of the Solicitor, Washington, DC, for Respondents.

Before SLOVITER, NYGAARD, and ALARCON, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In this appeal we must decide whether the requirement in the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504, that an application for attorneys' fees be filed "within thirty days from the final disposition in an adversary adjudication" means: 30 days from the time at which the agency issues a final and appealable order; or, 30 days from the time at which the final order becomes unappealable. The Occupational...

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