Pellicano v. United States, 726 F.2d 459 (9th Cir. 1983)
726 F.2d 459
US-DOC-21102446
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Case details
Bluebook Citation
Pellicano v. United States, 726 F.2d 459 (9th Cir. 1983)
Full caption
Anthony J. PELLICANO, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.
Country
United States
Jurisdiction
Federal
Court
9th Cir.
Decided
Aug. 4, 1983
Disposition
Remanded
No. 82-4173.
Argued and Submitted Sept. 15, 1982.
Decided Aug. 4, 1983.
Richard Keith Corbin, Sacramento, Cal., for plaintiff-appellant.
Perry Anderson, Washington, D.C., for defendant-appellee.
Before BROWNING, DUNIWAY and PREGERSON, Circuit Judges.
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.