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MacDONALD v. SCHWEIKER

No. CV 81-1314.

553 F.Supp. 536 (1982)

Mary MacDONALD, Plaintiff, v. Richard SCHWEIKER, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, E.D. New York.

November 1, 1982.

Attorney(s) appearing for the Case

Robert & Schneider by Ira S. Schneider, Hempstead, N.Y., for plaintiff.

Raymond J. Dearie, U.S. Atty. by Ben Wiles, Asst. U.S. Atty., Brooklyn, N.Y., for defendant.

MEMORANDUM AND ORDER

GEORGE C. PRATT, Circuit Judge.*

On May 3, 1982, the court denied defendant's motion to dismiss the complaint in this action and granted plaintiff's motion to remand the case to the Appeals Council for review. Counsel for plaintiff now moves for an award of costs and attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (EAJA).

Plaintiff commenced this action after the...

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