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PRICE v. SOCIAL SECURITY ADMIN.

No. 04-3062.

398 F.3d 1322 (2005)

Elizabeth A. PRICE, Petitioner, v. SOCIAL SECURITY ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

February 17, 2005.

Attorney(s) appearing for the Case

Michael J. Kator, Kator, Parks & Weiser, P.L.L.C., of Washington, DC, argued for petitioner.

Kelly B. Blank, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Patricia M. McCarthy, Assistant Director. Of counsel on the brief was Shawn S. McGruder, Attorney, Office of the General Counsel, Social Security Administration, of Baltimore, Maryland.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and BRYSON, Circuit Judge.

Opinion for the court filed by Circuit Judge RADER. Dissenting opinion filed by Senior Circuit Judge FRIEDMAN.

RADER, Circuit Judge.

Elizabeth A. Price appeals the decision of the Merit Systems Protection Board (Board) denying her motion for attorney fees. Social Sec. Admin. v. Price, 94 M.S.P.R. 337 (M.S.P.B. 2003) (Final Decision). Because the Board properly determined that an award of attorney fees to Ms. Price is not in the interest of justice...

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