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SIMS v. APFEL

No. 98-60126 Summary Calendar.

238 F.3d 597 (2001)

Juatassa Sims, Plaintiff-Appellant, v. Kenneth S. Apfel, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 10, 2001.

Attorney(s) appearing for the Case

Gary R. Parvin, Coffeeville, MS, Sarah Harriet Bohr, Atlantic Beach, FL, Chantal J. Harrington, Jacksonville, FL, for Plaintiff-Appellant.

Scott E. Heffington, Dennis R. Williams, Marry Ann Sloan, Joseph P. Palermo, III, Social Sec. Admin., Office of the General Counsel, Atlanta, GA, James William Warren, Jr., Calvin D. Buchanan, Oxford, MS, Robert D. Kamenshine, William Kanter, U.S. Dept of Justice, Civ. Div., App. Staff, Washington, DC, for Defendant-Appellee.

Before POLITZ, STEWART and PARKER, Circuit Judges.

PER CURIAM:

Before the Court is Appellant's Petition for Attorney Fees Under the Equal Access to Justice Act ("Petition"). Appellant seeks attorney fees of $233,131.87 and costs of $2,367.76 as an interim award for prevailing before the Supreme Court. Because we hold that Appellant is not a prevailing party and that Appellee's position was substantially justified, the Petition is DENIED. We need not and do not address the reasonableness of the amount sought in the...

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