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RAMOS v. DEPARTMENT OF JUSTICE

No. 2008-3093.

552 F.3d 1356 (2009)

James RAMOS, Jr., Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

United States Court of Appeals, Federal Circuit.

January 12, 2009.

Attorney(s) appearing for the Case

Kristin D. Alden, Kraft Eisenmann Alden, PLLC, of Washington, DC, argued for petitioner.

Scott D. Austin, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent. On the brief were Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, Martin F. Hockey, Jr., Assistant Director, and Hillary A. Stern, Senior Trial Counsel.

Before BRYSON, DYK, and PROST, Circuit Judges.

BRYSON, Circuit Judge.

James Ramos, Jr., petitions for review of a decision of the Merit Systems Protection Board denying his request for attorney fees associated with an earlier, interim appeal to this court. He bases his claim for attorney fees on the Back Pay Act, 5 U.S.C. § 5596(b)(1)(A)(ii). The government opposes Mr. Ramos's appeal. Relying on our decision in Phillips v. General Services Administration,

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