ANTHONY J. PELLICANO, PLAINTIFF-APPELLANT,
v.
UNITED STATES OF AMERICA, DEFENDANT-APPELLEE
ANTHONY J. PELLICANO, PLAINTIFF-APPELLANT,
UNITED STATES OF AMERICA, DEFENDANT-APPELLEE
726 F.2d 459
United States Court of Appeals for the Ninth Circuit (1983)
Positive Treatment
Cited by 70 cases
Opinion of the Court
PER CURIAM:
We granted a rehearing, 692 F. 2d 75, on the question of whether an award to Pellicano of attorneys’ fees can be made. We adopt the reasoning of Nibali v. United States, 634 F. 2d 494 (Ct.C1.1980), in which the Court of Claims held that attorney fees may not be awarded in a civilian pay case that was pending in a court when the Civil Service Reform Act became effective. On that basis, the request for attorney fees pursuant to 5 U.S.C. § 5596(b)(1)(A)(ii) cannot be granted.
The case is remanded for further proceedings consistent with our opinion filed on November 8, 1982, and with this opinion.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nibali v. The United States, 634 F.2d 494 (Ct. Cl. 1980)
- Pellicano v. United States, 692 F.2d 75 (9th Cir. 1982)