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BROWN v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 84-5076.

747 F.2d 878 (1984)

Edward BROWN, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES OF the UNITED STATES.

United States Court of Appeals, Third Circuit.

Decided November 6, 1984.

As Amended November 23, 1984.

Attorney(s) appearing for the Case

Community Health Law Project, East Orange, N.J., for appellant; David J. Popiel, East Orange, N.J. (Argued), of counsel and on the brief.

W. Hunt Dumont, U.S. Atty., Newark, N.J., for appellee; Vincent E. Gentile, Asst. U.S. Atty. (Argued), Newark, N.J., on the brief.

Before ADAMS and BECKER, Circuit Judges, and O'NEILL, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This is an appeal from a denial by the district court of a petition for attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A) (1982).1 The appeal presents a question of statutory construction complicated by the factual context as well as by the procedural posture of the case. We conclude that the district court did not err in refusing to award...

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