SAI INDUSTRIES CORP. v. U.S.

No. 05-5027.

421 F.3d 1344 (2005)

SAI INDUSTRIES CORP., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 26, 2005.


Attorney(s) appearing for the Case

Laurence Schor, McManus, Schor, Asmar, and Darden, L.L.P., of Washington, DC, argued for plaintiff-appellant. With him on the brief was Geoffrey T. Keating. Of counsel on the brief was Stephen J. Johnson, of San Antonio, Texas. Of counsel was Dennis C. Ehlers.

James D. Colt, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Todd M. Hughes, Assistant Director.

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


FRIEDMAN, Senior Circuit Judge.

The appellant SAI Industries Corp. ("SAI") challenges the Court of Federal Claims' dismissal of its application for attorney fees under the Equal Access to Justice Act ("Act"), 28 U.S.C. § 2412(d), as untimely filed. We affirm.

I

The facts are undisputed. In the underlying action, a pre-award bid protest, the Court of Federal Claims held for the plaintiff. SAI Indus. Corp. v. United States, 60 Fed.Cl. 731...

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