United States Federal Circuit

Dismissal of plaintiff's application for attorney's fees under the Equal Access to Justice Act is affirmed where plaintiff, as a matter of law, is not a prevailing party under the appropriate legal standard.

Appellate Information

• Decided 09/27/2004
• Published 09/27/2004

Judges

• LINN, Circuit Judge., Before LOURIE, LINN, and PROST Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant.


• For Appellees:
  
• Kyle E. Chadwick, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director, and Franklin E. White, Jr., Assistant Director.   Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Jamie L. Mueller, Attorney, United States Department of Veterans Affairs, of Washington, DC.