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COLE v. SECRETARY OF HEALTH AND HUMAN SERVICES

Civ. A. No. 82-67 MMS.

577 F.Supp. 657 (1983)

Willard L. COLE, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, D. Delaware.

December 28, 1983.

Attorney(s) appearing for the Case

Hank R. Bernstein, Heiman & Bernstein, Wilmington, Del., for plaintiff.

Joseph J. Farnan, Jr., U.S. Atty., and Peggy L. Ableman, Asst. U.S. Atty., Dept. of Justice, Wilmington, Del., for defendant.

OPINION

MURRAY M. SCHWARTZ, District Judge.

Plaintiff is seeking attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (the "EAJA"), after having successfully challenged a decision by the Secretary of Health and Human Services terminating his disability and supplemental security income benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-431, 1381-1383c. He requests fees for attorney time spent...

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