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MILLER v. SCHWEIKER

Civ. A. No. 81-298-N.

560 F.Supp. 838 (1983)

Lula M. MILLER, Plaintiff, v. Richard S. SCHWEIKER, Etc., Defendant.

United States District Court, M.D. Alabama, N.D.

April 6, 1983.

Attorney(s) appearing for the Case

Lawrence F. Gardella, Legal Services Corp. of Ala., Montgomery, Ala., for plaintiff.

Carl H. Harper, Regional Atty., Jerry J. Wall, Asst. Regional Atty., Dept. of Health and Human Services, Atlanta, Ga., and Calvin C. Pryor, Asst. U.S. Atty., Montgomery, Ala., for defendant.

OPINION

VARNER, Chief Judge.

This cause is before the Court on Plaintiff's motion filed herein February 18, 1983, for fees under the Equal Access to Justice Act (hereinafter the Act), 28 U.S.C. § 2412(d) [Supp.1982]. Upon consideration of the motion and of the affidavit and brief in support thereof and for the reasons stated below, this Court is of the opinion that the motion is due to be denied at this stage of the proceedings.

The Plaintiff...

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