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MARCUS v. SULLIVAN

No. 85 C 453.

793 F.Supp. 812 (1992)

Esther MARCUS, Michelle W., by her next friend Marie W., Larry Ryne, Consuelo Allen, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. Louis W. SULLIVAN, M.D., Secretary of the Department of Health and Human Services, Defendant.

United States District Court, N.D. Illinois, E.D.

May 26, 1992.

Attorney(s) appearing for the Case

John M. Bouman, Legal Assistance Foundation of Chicago, Chicago, Ill., for plaintiffs.

Mary S. Rigdon, Nancy K. Needles, U.S. Attys., Chicago, Ill., for defendant.

MEMORANDUM AND ORDER

MORAN, Chief Judge.

In this last chapter of a lengthy dispute we deal with plaintiffs' petition for costs and for fees under the Equal Access to Justice Act (EAJA). Plaintiffs clearly are the prevailing parties. They contend that the position of the Secretary was not substantially justified and that they should be awarded fees for all hours expended at rates in excess of the EAJA maximum.

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