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RICHLIN SEC. SERVICE CO. v. CHERTOFF

No. 06-1055.

482 F.3d 1358 (2007)

RICHLIN SECURITY SERVICE COMPANY, Appellant, v. Michael CHERTOFF, Secretary of Homeland Security, Appellee.

United States Court of Appeals, Federal Circuit.

April 3, 2007.

Attorney(s) appearing for the Case

Gilbert J. Ginsburg, Attorney & Counselor-at-Law, of Washington, DC, argued for appellant.

Reginald T. Blades, Jr., Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice of Washington, DC, argued for appellee. With him on the brief was Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director.

Before RADER, Circuit Judge, PLAGER, Senior Circuit Judge, and DYK, Circuit Judge.

DYK, Circuit Judge.

Our original panel opinion determined that the Equal Access to Justice Act ("EAJA"), 5 U.S.C. § 504, allows recovery for paralegal services as part of "expenses" and not as part of "attorney's fees," and accordingly that recovery was limited to costs and was not available at market rates. Richlin Sec. Serv. Co. v. Chertoff, 472 F.3d 1370, 1381 (Fed.Cir. 2006).

In our decision, we declined to...

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