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KELLY v. BOWEN

Nos. 87-1999, 87-2164.

862 F.2d 1333 (1988)

Theodore KELLY, Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Appellee. Vernon PAYTON, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 14, 1988.

Attorney(s) appearing for the Case

Anthony W. Bartels, Jonesboro, Ark., for appellant.

Karen J. Sharp, Dallas, Tex., for appellee.

Before McMILLIAN, BOWMAN and BEAM, Circuit Judges.

McMILLIAN, Circuit Judge.

These cases were consolidated for purposes of appeal. Both appeals involve applications for attorney's fees and other expenses to be awarded under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(2)(A). Following oral argument, the court requested supplemental briefing on the issue of the scope of EAJA coverage in light of the 1985 re-enactment and amendment of the EAJA. Act of Aug. 5, 1985, Pub.L. No. 99-80, 99 Stat. 183...

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