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SMITH v. BOWEN

Cause No. IP 84-902-C.

663 F.Supp. 59 (1987)

Lena SMITH, Plaintiff, v. Otis R. BOWEN, M.D., Secretary of the Department of Health and Human Services, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

June 16, 1987.

Attorney(s) appearing for the Case

J. Frank Hanley II, Indianapolis, Ind., for plaintiff.

John D. Tinder, U.S. Atty. by Larry A. Mackey, Indianapolis, Ind., for defendant.

ENTRY

STECKLER, District Judge.

This matter is before the Court on an application for attorney fees pursuant to the Equal Access to Justice Act, ("E.A.J. A.") 28 U.S.C. § 2412. The government opposes an award of fees, arguing that the plaintiff is not a prevailing party, and that the Secretary's position was substantially justified.

This case had previously been remanded on the Secretary's request pursuant to the Social Security Disability Benefits...

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