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SPURLOCK v. SULLIVAN

No. C-91-0648-VRW.

783 F.Supp. 474 (1992)

James SPURLOCK, Plaintiff, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, N.D. California.

January 29, 1992.

Attorney(s) appearing for the Case

James Hunt Miller, San Francisco, Cal., for plaintiff.

George C. Stoll, Asst. U.S. Atty., U.S. Attys. Office, San Francisco, Cal., and Jerry Bassett, Asst. Regional Counsel, Office of Regional Counsel, Dept. of Health and Human Services, San Francisco, Cal., for defendant.

ORDER

WALKER, District Judge.

The Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), authorizes an award of attorney fees to a prevailing party in certain civil litigation against the United States. This case requires the court to consider when an applicant for supplemental social security income benefits becomes a "prevailing party" in light of the Supreme Court's recent decision in Melkonyan...

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