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LARGE v. BARNHART

No. 2:00 CV 00100.

432 F.Supp.2d 645 (2006)

Johnnie R. LARGE, Plaintiff, v. Jo Ann B. BARNHART, Commissioner of Social Security, Defendant.

United States District Court, W.D. Virginia, Big Stone Gap Division.

May 26, 2006.

Attorney(s) appearing for the Case

Roger W. Rutherford, Wolfe, Williams & Rutherford, Norton, VA, for Plaintiff.

Julie C. Dudley, Assistant United States Attorney, Roanoke, VA, and Donna L. Calvert, Regional Chief Counsel, Region III, Social Security Administration, and Allyson Jozwik, Assistant Regional Counsel, Social Security Administration, for Defendant.

OPINION

JONES, Chief Judge.

The plaintiff in this social security case seeks an award of attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C.A. § 2412(d) (West 1994 & Supp.2005). Because I find that the Commissioner of Social Security's position in this case was substantially justified, the plaintiff's motion for attorney's fees will be denied.

I

The plaintiff filed suit in this court to obtain a review...

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