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GREEN AVIATION MANAGEMENT CO., LLC v. F.A.A.

No. 11-1260.

676 F.3d 200 (2012)

GREEN AVIATION MANAGEMENT CO., LLC, Petitioner v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 17, 2012.

Attorney(s) appearing for the Case

Gregory Sean Winton argued the cause and filed the briefs for petitioner.

Benjamin S. Kingsley , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Tony West , Assistant Attorney General, and Michael Jay Singer , Attorney.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

This is an appeal from the denial of attorneys fees under the Equal Access to Justice Act ("EAJA"), 5 U.S.C. § 504(a)(1). After commencing an administrative civil penalties proceeding, the Federal Aviation Administration ("FAA") withdrew its complaint and the Administrative Law Judge ("ALJ") before whom the complaint had been pending dismissed the proceedings with prejudice. Nonetheless, the FAA...

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