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1335 (8th Cir. 1988) (items listed only “examples of expenses for
which compensation may be granted”); Oliveira v. United States,
827 F.2d 735, 744 (Fed. Cir. 1987) (court has authority to award
costs “customarily charged to the client”; trial court must “use
its discretion, in view of the record before it, to determine
whether a specific expense may be recovered”); Aston v. Secy. of
Health & Human Servs., 808 F.2d 9, 12 (2d Cir. 1986) (“examples
of allowable expenses set out in [EAJA] are not exclusive”;
postage, transportation, telephone, and photocopying costs
reimbursable as reasonable fees and expenses); Hoopa Valley Tribe
v. Watt, 569 F. Supp. 943, 947 (N.D. Cal. 1983) (EAJA defines
“other expenses” such as travel and telephone calls incurred by
plaintiff’s attorneys “by example, rather than by limitation” due
to the statute’s use of the word “includes”).
The Tenth Circuit and the D.C. Circuit Courts of Appeals are
the only two Courts of Appeals of which we are aware that have
held that only costs specifically enumerated in the statute are
recoverable under EAJA even when the out-of-pocket costs are
incurred by a litigant’s attorney. See, e.g., Weakley v. Bowen,
803 F.2d 575, 580 (10th Cir. 1986) (“Costs for travel expenses
and postage fees are not authorized”); Mass. Fair Share v. Law
Enforcement Assistance Admin., 776 F.2d 1066, 1069-1070 (D.C.
Cir. 1985) (photocopying costs recoverable, but no award for
postage and messenger services, taxi fares and other travel
costs, or telephone); Action on Smoking & Health v. Civil
Aeronautics Bd., 724 F.2d 211, 224 (D.C. Cir. 1984) (photocopying
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