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PADGETT v. SHINSEKI

No. 2010-7081.

643 F.3d 950 (2011)

Clara Sue PADGETT, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

June 30, 2011.

Attorney(s) appearing for the Case

Eric A. Shumsky , Sidley Austin, LLP, of Washington, DC, argued for claimant-appellant. With him on the brief were Tara Mikkilineni and Anand H. Das. Of counsel on the brief were Barton F. Stichman and Louis J. George , National Veterans Legal Services Program, of Washington, DC.

Martin F. Hockey, Jr. , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, Kirk T. Manhardt , Assistant Director, and Meredyth Cohen Havasy , Trial Attorney. Of counsel was Sameer P. Yarawadekar , Attorney. Of counsel on the brief were Michael J. Timinski , Deputy Assistant General Counsel, and Martin J. Sendek , Attorney, United States Department of Veteran Affairs, of Washington, DC.

Before GAJARSA, MAYER, and O'MALLEY, Circuit Judges.

MAYER, Circuit Judge.

Clara Sue Padgett ("Mrs. Padgett") appeals from a final order of the United States Court of Appeals for Veterans Claims ("Veterans Court") denying, in part, her application for an award of attorney fees and expenses under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. See Padgett v. Shinseki, 23 Vet. App. 306 (2009) ("EAJA Decision"). Because we conclude that the Veterans...

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