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HOLDEN v. HECKLER

Civ. A. No. C84-548.

615 F.Supp. 686 (1985)

Norma HOLDEN, et al., Plaintiffs, and State of Ohio, Through Richard F. Celeste, Governor, Plaintiff-Intervenor, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.

United States District Court, N.D. Ohio, E.D.

August 27, 1985.

Attorney(s) appearing for the Case

David B. Dawson, Louise McKinney, Carolyn L. Carter, Legal Aid Soc. of Cleveland, Mark J. Valponi, Kelley, McCann & Livingstone, Fred P. Schwartz, Hahn, Loeser, Freedheim, Dean & Wellman, Cleveland, Ohio, for plaintiffs.

Kathleen Ann Sutula, Steven D. Bell, Michael Anne Johnson, Asst. U.S. Attys., Cleveland, Ohio, for defendant.

MEMORANDUM AND ORDER

ANN ALDRICH, District Judge.

The prevailing plaintiffs in this social security disability class action seek attorneys' fees, costs and expenses from the Secretary of Health and Human Services ("Secretary") under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. Under the statute, fees must be awarded unless "the position of the United States" — the Secretary's substantive...

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