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ROBINSON v. O'ROURKE

2016-2110.

891 F.3d 976 (2018)

Bennie C. ROBINSON, Claimant-Appellant v. Peter O'ROURKE, Acting Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: May 31, 2018.

Attorney(s) appearing for the Case

KENNETH M. CARPENTER, Law Offices of Carpenter Chartered, Topeka, KS, argued for claimant-appellant.

AARON WOODWARD, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by BENJAMIN C. MIZER, ROBERT E. KIRSCHMAN, JR., SCOTT D. AUSTIN; CHRISTOPHER O. ADELOYE, BRIAN D. GRIFFIN, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge Newman.

Veteran Bennie C. Robinson appeals the decision of the United States Court of Appeals for Veterans Claims ("Veterans Court") denying his application for attorney fees under the Equal Access to Justice Act ("EAJA"). See Robinson v. McDonald, No. 14-0619 E, 2016 WL 703041 ...

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