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TRICHILLO v. SECRETARY OF HEALTH AND HUMAN

No. 85-CV-958.

647 F.Supp. 125 (1986)

Joseph J. TRICHILLO, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, N.D. New York.

November 13, 1986.

Attorney(s) appearing for the Case

Baker, Clark & Satter, James M. Baker, Syracuse, N.Y., for plaintiff.

Frederick J. Scullin, Jr., U.S. Atty. for N.D.N.Y., Bernard J. Malone, Asst. U.S. Atty., Albany, N.Y., for defendant.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

The only issue before this court is whether the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, was "amended" or "reenacted" in August 1985 for cost-of-living adjustment purposes. The court adopts the holding of Hirschey v. F.E.R.C., 777 F.2d 1 (D.C.Cir.1985) and grants attorneys fees under the EAJA, with a cost-of-living adjustment referring back to...

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