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HYATT v. SHALALA

No. 89-2718.

6 F.3d 250 (1993)

Patrick H. HYATT; Herman O. Caudle; Mary P. Lovingood, on behalf of themselves and all others similarly situated; North Carolina Department of Human Resources # 14, Plaintiffs-Appellees, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 4, 1993.

Attorney(s) appearing for the Case

Howard Stanley Scher, Civ. Div., United States Department of Justice, Washington, DC, argued (Stuart M. Gerson, Asst. Atty. Gen., William Kanter, Civil Div., U.S. Dept. of Justice, Washington, DC; Thomas J. Ashcraft, U.S. Atty., Charlotte, NC; Donald A. Gonya, Chief Counsel for Social Security Litigation, Randolph W. Gaines, Deputy Chief Counsel for Social Security, A. George Lowe, Deputy Chief Counsel for Disability Litigation, Donna J. Fuchsluger, Office of the General Counsel, Social Security Div., Dept. of Health and Human Services, Baltimore, MD, on the brief), for defendant-appellant.

John Robbins Wester, Robinson, Bradshaw & Hinson, P.A., Charles McBrayer Sasser, Cox, Gage & Sasser, Charlotte, NC, argued (Dan T. Coenen, Robinson, Bradshaw & Hinson, P.A., on the brief), for plaintiffs-appellees.

Before RUSSELL, WIDENER, and HALL, Circuit Judges.

OPINION

WIDENER, Circuit Judge:

Appellant, the Secretary of Health and Human Services, appeals the district court's order granting $315,083.35 in attorneys' fees and $28,568.86 in expenses to the appellees under the Equal Access to Justice Act, 28 U.S.C. § 2412(b). The issue is whether the district court erred in finding the Secretary acted in bad faith in defense of litigation initiated by the plaintiff-class, and whether the district court erred in...

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