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McDONALD v. SCHWEIKER

No. 83-1046.

726 F.2d 311 (1983)

Sarah L. McDONALD, Plaintiff-Appellee, v. Richard SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 12, 1983.

Rehearing and Rehearing Denied March 15, 1984.

Attorney(s) appearing for the Case

R. Lawrence Steele, Jr., Hammond, Ind., Donald P. Moroz, So. Bend, Ind., William Kanter, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Gregory S. French, Legal Services Program of Northern Ind., South Bend, Ind., Ivan E. Bodensteiner, Legal Services Program of Northern Ind., Valparaiso Un. School of Law, Valparaiso, Ind., for plaintiff-appellee.

Before CUDAHY and POSNER, Circuit Judges, and WILKINS, Senior District Judge.

Rehearing and Rehearing En Banc Denied March 15, 1984.

POSNER, Circuit Judge.

This appeal by the government from a fee award under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), requires us to decide a question of first impression in this circuit: whether an application for such an award is untimely if filed more than 30 days after the district court renders its final judgment, although less than 30 days after any appellate proceedings are completed...

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