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KNOX v. SCHWEIKER

Civ. A. No. 81-514.

567 F.Supp. 959 (1983)

Martha M. KNOX, Plaintiff, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant.

United States District Court, D. Delaware.

June 29, 1983.

Attorney(s) appearing for the Case

Douglas A. Shachtman, and Brian J. Hartman, Wilmington, Del., for plaintiff.

Joseph J. Farnan, Jr., U.S. Atty. and Peggy L. Ableman, Asst. U.S. Atty., Wilmington, Del., of counsel; Diane C. Moskal, Regional Atty., John E. Newton, Jr., Asst. Regional Atty., Office of the General Counsel, Dept. of Health and Human Services, Philadelphia, Pa., for defendant.

OPINION

MURRAY M. SCHWARTZ, District Judge.

The present motion raises the issue of whether a plaintiff who, in an appeal from the denial of Social Security disability benefits, succeeds in obtaining a remand of her case to the Secretary of Health and Human Services ("Secretary") is considered a "prevailing party" for the purpose of taxation of costs under the Equal Access to Justice Act, ("EAJA"), 28 U.S.C. ...

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