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GARCIA v. SULLIVAN

No. 89 CV 5517 (KMW).

781 F.Supp. 969 (1991)

Edilia GARCIA Plaintiff, v. Louis SULLIVAN, Secretary of Health and Human Services, Defendant.

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

December 9, 1991.

Attorney(s) appearing for the Case

David Stroh Buckel, Harlem Legal Services, Inc., New York City, for plaintiff.

Lorraine S. Novinski, Special Asst. U.S. Atty., Otto G. Obermaier, U.S. Atty., New York City, for defendant.

OPINION AND ORDER

KIMBA M. WOOD, District Judge.

Plaintiff moves for an award of attorney's fees from the government pursuant to the Equal Access to Justice Act ("the EAJA"), 28 U.S.C. § 2412. Because the court finds that plaintiff was the prevailing party within the meaning of the statute, and that the government has not met its burden of establishing that its position was substantially justified, plaintiff's motion is granted.

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