SHEALEY v. WILKIE

2019-1057.

946 F.3d 1294 (2020)

Matthew SHEALEY, Jr., Claimant v. Robert WILKIE, Secretary of Veterans Affairs, Respondent-Appellee. v. Meghan Gentile, Harold H. Hoffman, III, Intervenors-Appellants.

United States Court of Appeals, Federal Circuit.

Decided: January 6, 2020.


Attorney(s) appearing for the Case

Kenneth M. Carpenter , Law Offices of Carpenter Chartered, Topeka, KS, argued for intervenors-appellants.

Joshua E. Kurland , Commercial Litigation Branch, Civil Division, United States Department of Justice,

Washington, DC, argued for respondent-appellee. Also represented by Joseph H. Hunt , Claudia Burke , Robert Edward Kirschman, Jr. ; Y. Ken Lee , Andrew J. Steinberg , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Lourie, Dyk, and Chen, Circuit Judges.


Meghan Gentile and Harold Hoffman ("intervenors") appeal a decision from the United States Court of Appeals for Veterans Claims ("Veterans Court") dismissing their claim for attorney's fees and other expenses (hereinafter "attorney's fees") under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) ("EAJA"). We conclude...

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