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MINTER v. SECRETARY, DEPT. OF HEALTH & HUMAN SERV.

Civ. A. No. CA3-83-0439-D.

677 F.Supp. 889 (1987)

Louise MINTER, Plaintiff, v. SECRETARY, DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, N.D. Texas, Dallas Division.

December 15, 1987.

Attorney(s) appearing for the Case

Carl M. Weisbrod of Weisbrod & Weisbrod, Dallas, for plaintiff.

Charles Cabaniss, Asst. U.S. Atty., Dallas, for defendant.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

The principal question presented by plaintiff's motion for award of attorney's fees under the Equal Access to Justice Act ("EAJA") is whether the Secretary of Health and Human Services was substantially justified in denying disability benefits to plaintiff. Plaintiff also contends her attorney is entitled to be compensated at a rate in excess of the EAJA's $75 per hour cap. Because the court finds that...

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