BROADDUS v. U.S. ARMY CORPS OF ENGINEERS

No. 03-2257.

380 F.3d 162 (2004)

Henry Ruffin BROADDUS, Plaintiff-Appellant, and Frances Broaddus Crutchfield, Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellee, and County of Hanover, Virginia, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: August 13, 2004.


Attorney(s) appearing for the Case

ARGUED: Benjamin Adelbert Thorp, IV, Ellis, Thorp & Jewett, P.L.L.C., Richmond, Virginia, for Appellant. Michael Thomas Gray, United States Department Of Justice, Washington, D.C., for Appellee. ON BRIEF: William B. Ellis, Ellis, Thorp & Jewett, P.L.L.C., Richmond, Virginia, for Appellant. Thomas L. Sansonetti, Assistant Attorney General, Environment & Natural Resources Division, United States Department Of Justice, Washington, D.C.; Paul J. McNulty, United States Attorney, Alexandria, Virginia, M. Hannah Lauck, Assistant United States Attorney, Office Of The United States Attorney, Richmond, Virginia; John A. Bryson, United States Department Of Justice, Washington, D.C., Katherine Will, Army Corps Of Engineers, for Appellee.

Before WIDENER and GREGORY, Circuit Judges, and C. Arlen BEAM, Senior Circuit Judge of the United States Court of Appeals for the Eighth Circuit, sitting by designation.


Reversed and remanded with instructions by published opinion. Judge GREGORY wrote the opinion, in which Senior Judge BEAM joined. Judge WIDENER wrote a separate concurring opinion.

GREGORY, Circuit Judge:

This appeal arises from the district court's denial of Henry Ruffin Broaddus's ("Broaddus" or "Appellant") petition for attorney's fees, pursuant to the Equal Access to Justice Act ("EAJA" or "Act"), 28 U.S.C. § 2412. Broaddus successfully challenged...

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