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ATHEY v. UNITED STATES

No. 2020-2291.

ROBERT M. ATHEY, MICHAEL R. CLAYTON, THELMA R. CURRY, RICHARD S. DROSKE, RALPH L. FULLWOOD, PAUL D. ISING, CHARLES A. MILBRANDT, TROY E. PAGE, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided September 21, 2021.

Attorney(s) appearing for the Case

IRA MARK LECHNER, Ira M. Lechner, Esq. , Washington, DC, argued for plaintiffs-appellants.

BRYAN MICHAEL BYRD , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by REGINALD THOMAS BLADES, JR. , JEFFREY B. CLARK , 4ROBERT EDWARD KIRSCHMAN, JR.

Before REYNA, SCHALL, and STOLL,

NOTE: This disposition is nonprecedential.

Plaintiffs appeal the United States Court of Federal Claims' denial of their motion for attorney fees based on two provisions of the Equal Access to Justice Act, 28 U.S.C. § 2412(b) and (d). Plaintiffs' first basis for fees under § 2412(b) rests on an...

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