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CAVACIUTI v. McDONOUGH

2022-1531.

75 F.4th 1363 (2023)

John F. CAVACIUTI, Claimant-Appellant v. Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 3, 2023.

Attorney(s) appearing for the Case

Joseph Raymond Kolker , Orrick, Herrington & Sutcliffe LLP, New York, NY, argued for claimant-appellant. Also represented by Melanie L. Bostwick , Katherine M. Kopp , Washington, DC; John D. Niles , Carpenter Chartered, Topeka, KS.

Igor Helman , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent-appellee. Also represented by Brian M. Boynton , Claudia Burke , Joshua E. Kurland , Patricia M. McCarthy ; Christopher O. Adeloye , Y. Ken Lee , Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.

Before Lourie, Dyk, and Taranto, Circuit Judges.

John F. Cavaciuti appeals from a decision of the United States Court of Appeals for Veterans Claims ("the Veterans Court") denying his application for attorney fees and expenses under the Equal Access to Justice Act ("EAJA"). Cavaciuti v. McDonough, No. 20-8063(E), J.A. 1-5, 2021 WL 6143705 (Vet. App. Dec. 30, 2021...

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