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IMPRESA CONSTRUZIONI GEOM. DOMENICO GARUFI v. U.S.

No. 2007-5009.

531 F.3d 1367 (2008)

IMPRESA CONSTRUZIONI GEOM. DOMENICO GARUFI, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 27, 2008.

Attorney(s) appearing for the Case

Sam Z. Gdanski, Gdanski & Gdanski, LLP, of Pomona, NY, argued for plaintiff-appellant.

Marla T. Conneely, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, and Franklin E. White, Jr., Assistant Director, Of counsel was Roger A. Hipp, Trial Attorney.

Circuit Judge RADER dissents.

NEWMAN, Circuit Judge.

Impresa Construzioni Geom. Domenico Garufi ("Impresa") appeals the decision of the United States Court of Federal Claims denying, as untimely filed, its Application for Fees and Other Expenses Under the Equal Access to Justice Act (EAJA).1 We reverse the decision of untimeliness, and remand to the Court of Federal Claims for determination of the merits of the EAJA application.

BACKGROUND

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