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STARRY ASSOCIATES, INC. v. U.S.

2017-2148.

892 F.3d 1372 (2018)

STARRY ASSOCIATES, INC., Plaintiff-Appellee v. UNITED STATES, Defendant-Appellant Intellizant, LLC, Defendant.

United States Court of Appeals, Federal Circuit.

Decided: June 22, 2018.

Attorney(s) appearing for the Case

LARS ERIC ANDERSON , Odin, Feldman & Pittleman, PC, Reston, VA, argued for plaintiff-appellee. Also represented by SHIVA S. HAMIDINIA ; JAMES Y. BOLAND , Venable LLP, Tysons Corner, VA.

ALEXIS J. ECHOLS , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by CHAD A. READLER , ROBERT E. KIRSCHMAN, JR. , DOUGLAS K. MICKLE .

Before O'Malley, Linn, and Hughes, Circuit Judges.

The sole issue in this appeal is the meaning of the term "special factor" in 28 U.S.C. § 2412(d)(2)(A), a subsection of the Equal Access to Justice Act ("EAJA"). When a trial court finds that a "special factor" exists, it is authorized to increase the statutory attorney fee rate in certain cases brought by or against...

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