MEMORANDUM AND ORDER
CORCORAN, District Judge.
Before the Court is plaintiff's application for attorneys' fees and expenses pursuant to the Equal Access to Justice Act ("EAJA" or "Act"), as codified in 28 U.S.C. § 2412. Defendant has opposed, asserting that (1) plaintiff is not entitled to fees and expenses for any activity occurring prior to the effective date of the Act—October 1, 1981, (2) this action sounds in tort and is thereby excluded...
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