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16 Vet. App. 261

Smith v. Principi

United States Court of Appeals for Veterans Claims · decided 2002-08-23

Applies 28 U.S.C. § 2412

Relies on Smith v. Principi

Decided 2002-08-23

¶1ORDER

PER CURIAM.

¶2In a panel opinion dated April 16, 2002, the Court denied the appellant’s application for fees and expenses pursuant to Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), finding that the position of the Secretary was substantially justified. Smith v. Principi, 16 Vet.App. 71 (2002). On May 7, 2002, the appellant filed a motion for reconsideration and an alternative motion for a full Court decision.

¶3On consideration of the foregoing and the record on appeal, it is

¶4ORDERED by the panel that the appellant’s motion for reconsideration is denied. It is further

¶5ORDERED by the en banc Court that the appellant’s motion for a full Court decision is denied.

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