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BURT v. HECKLER

Civ. A. No. 81-2895.

593 F.Supp. 1125 (1984)

Frederick BURT, Plaintiff, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.

United States District Court, D. New Jersey.

September 19, 1984.

Attorney(s) appearing for the Case

Richard E. Yaskin, Mark S. Jacobs, P.C., Voorhees, N.J., for plaintiff.

W. Hunt Dumont, U.S. Atty. by Paul Blaine, Asst. U.S. Atty., Trenton, N.J., for defendant.

OPINION

BROTMAN, District Judge.

Presently before the court is a motion by Frederick Burt for an award of attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (Supp. IV 1980). This motion raises the issue of whether a plaintiff whose case is remanded by the court may be considered a prevailing party. For the reasons which follow, the court finds that such a plaintiff may...

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