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ALLEN v. SHALALA

No. 89 C 2788.

820 F.Supp. 363 (1993)

Bervin ALLEN, Plaintiff, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant.

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

April 15, 1993.

Attorney(s) appearing for the Case

Rebecca Saunders, Steven Coursey, Robert E. Lehrer, Legal Assistance Foundation of Chicago, Chicago, IL, for plaintiff.

United States Attorney's Office, Chicago, IL, for defendant.

OPINION AND ORDER

NORGLE, District Judge:

Before the court is plaintiff Bervin Allen's ("Allen") protective application for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. For the following reasons, Allen's application is dismissed without prejudice.

DISCUSSION

On October 19, 1987, Allen, then fifty-three years old, filed an application for Supplemental...

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