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SISK v. BOWEN

No. 87-0188-CV-W-5.

692 F.Supp. 1076 (1988)

James A. SISK, Plaintiff, v. Otis R. BOWEN, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, W.D. Missouri, W.D.

April 6, 1988.

Attorney(s) appearing for the Case

Gordon Gamm, Kansas City, Mo., for plaintiff.

Robert B. Schneider, Asst. U.S. Atty., Kansas City, Mo., for defendant.

ORDER

SCOTT O. WRIGHT, Chief Judge.

Pending before the Court is plaintiff's application for an award of attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1985).

Under the EAJA, a "prevailing party" will be awarded attorney's fees if the position of the United States was not "substantially justified," unless special circumstances make the award unjust. 28 U.S.C. § 2412(d)(1)(A). Plaintiff James A. Sisk clearly...

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