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(c)(3) with over 500 employees not entitled to EAJA fees

(c)(3) with over 500 employees not entitled to EAJA fees

(c)(3) with over 500 employees not entitled to EAJA fees

A 501(c)(3) nonprofit with more than 500 employees is not entitled to recover attorneys’ fees and expenses from a federal agency under the Equal Access to Justice Act, even though it prevailed in litigation with the agency, the U.S. Court of Federal Claims has held. The EAJA excludes a nonprofit having more than 500 employees from the definition of a “party” entitled to recover fees, it says. Southeastern Kentucky Rehabilitation Industries, Inc. (“SEKRI”) is a nonprofit agency employing severely disabled employees and is a mandatory source of supply for various federal contracts, including advanced tactical assault panels purchased by the Defense Logistics Agency under the Javits-Wagner-O’...

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