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AMERICAN ACADEMY OF PEDIATRICS v. HECKLER

Civ. A. No. 83-0774.

580 F.Supp. 436 (1984)

AMERICAN ACADEMY OF PEDIATRICS, et al., Plaintiffs, v. Margaret M. HECKLER, Secretary, Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

February 3, 1984.

Attorney(s) appearing for the Case

Thomas C. Fox, Stephen E. Lawton, Elizabeth B. Carder, C. Richard Cornelius, Laurie J. Levin, Washington, D.C., for plaintiffs.

Neil H. Koslowe, U.S. Dept. of Justice, Washington, D.C., for defendant.

MEMORANDUM

GESELL, District Judge.

Plaintiffs seek an award of attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1980), following a successful challenge to the legality of an interim final rule promulgated by the Secretary of Health and Human Services (the Secretary) relating to medical treatment of severely impaired infants. On April 14, 1983, this Court entered an Order and Declaration striking down the challenged rule...

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