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BERMAN v. SCHWEIKER

No. 82-1621.

713 F.2d 1290 (1983)

Allen S. BERMAN, Plaintiff-Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 27, 1983.

Attorney(s) appearing for the Case

John Cordes, Atty., Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Jonathan B. Newcomb, Chicago, Ill., for plaintiff-appellee.

Before CUDAHY, COFFEY and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge.

This appeal by the Secretary of Health and Human Services requires us to resolve, at least within this Circuit, a dispute as to whether attorneys' fees granted in a Social Security case to the prevailing party under the Equal Access to Justice Act (EAJA or Act), Pub.L. No. 96-481, 94 Stat. 2325 (1980), retroactively applies to attorneys' fees for work performed prior to the effective date of the Act...

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