Hong-yee Chiu, Appellant, v. the United States, Appellee, 887 F.2d 1094 (Fed. Cir. 1986)

Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and PAULINE NEWMAN, Circuit Judge.

ORDER

Upon reconsideration of petitioner's motion for rehearing and suggestion for in banc consideration filed July 26, 1985, IT IS ORDERED AS FOLLOWS:

(1) The court's order of August 5, 1985, which denied the petition for rehearing, is vacated.

(2) The petition for rehearing is granted to the extent that the court's unpublished opinion of May 28, 1985, is vacated and the case is remanded to the Claims Court to reconsider its decision in Chiu v. United States, 6 Cl.Ct. 18 (1984), in view of the enactment of Pub. L. No. 99-80, 99 Stat. 183 (1985), and our decisions in Gavette v. Office of Personnel Management, 785 F.2d 1568 and 788 F.2d 753 (Fed. Cir. 1986), and Olsen v. Department of Commerce, Census Bureau, 735 F.2d 558 (Fed. Cir. 1984), to the extent that they may impact on the applicability of the Equal Access to Justice Act to the award of attorney fees and expenses in this case.