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VITALE v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 83-CV-543.

673 F.Supp. 1171 (1987)

Francis J. VITALE, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

November 23, 1987.

Attorney(s) appearing for the Case

Baker, Clark and Satter, Syracuse, N.Y., for plaintiff; James M. Baker, of counsel.

Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y., for defendant; William F. Larkin, Asst. U.S. Atty., of counsel.

MEMORANDUM DECISION AND ORDER

McCURN, District Judge.

Pending before the court in the above-captioned case is a motion by plaintiff's attorney, James Baker, for attorney's fees and expenses pursuant to § 2412(d)(1)(A) of the Equal Access to Justice Act ("EAJA").1 In the alternative, plaintiff's attorney is seeking attorney's fees for representing plaintiff before this court, paid out of plaintiff's past-due benefits pursuant...

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