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BIRNELL v. APFEL

No. 98-2039-JWL.

76 F.Supp.2d 1195 (1999)

Yvonne BIRNELL, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant.

United States District Court, D. Kansas.

November 24, 1999.

Attorney(s) appearing for the Case

H. Reed Walker, Mission, KS, for plaintiff.

Melanie D. Caro, Office of Atty. General, Kansas City, KS, for defendant.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

Presently before the court is plaintiff's motion for attorney's fees and costs pursuant to 28 U.S.C. § 2412 of the Equal Access to Justice Act (EAJA) (Doc. 29). Defendant objects to plaintiff's motion, claiming that it is untimely and must therefore be denied (Doc. 31). For the reasons discussed below, plaintiff's motion for EAJA fees is denied.

I. Background

On January 23, 1998...

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