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THOMAS v. SULLIVAN

No. 91-K-967.

804 F.Supp. 1363 (1992)

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

United States District Court, D. Colorado.

October 13, 1992.

Attorney(s) appearing for the Case

Cynthia Rixley Scott, Holland & Hart, Denver, Colo., for plaintiff.

Chalk Mitchell, Asst. U.S. Atty., Denver, Colo., for defendant.

MEMORANDUM DECISION ON APPEAL

KANE, Senior District Judge.

This matter is before me on plaintiff's application for attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (EAJA). Plaintiff seeks an original award of $3,573.75 and a supplemental award of $749.25. The latter represents time defending the fee application in this court. The government objects and asserts that plaintiff was not the prevailing party, that the position of...

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