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GUTHRIE v. SCHWEIKER

No. 82-1957.

718 F.2d 104 (1983)

Paul W. GUTHRIE, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1983.

Attorney(s) appearing for the Case

Charles T. Hall, Raleigh, N.C., for appellant.

John S. Koppel, Appellate Staff, Civil Division, Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Samuel T. Currin, U.S. Atty., Raleigh, N.C., William Kanter, Appellate Staff, Civil Division, Dept. of Justice, Washington, D.C., on brief), for appellee.

Before HALL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Paul Guthrie appeals from an order of the district court denying his motion for attorney's fees pursuant to the Equal Access to Justice Act (EAJA).1 The district court held that Guthrie did not file a timely motion for attorney's fees. Furthermore, it expressed the opinion that the EAJA does not apply to Social Security cases. We reverse and remand.

I

In April 1979, Guthrie filed an application...

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