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CORNELLA v. SCHWEIKER

No. 83-1209.

728 F.2d 978 (1984)

Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 21, 1984.

Attorney(s) appearing for the Case

Phillip N. Hogen, U.S. Atty., Sioux Falls, S.D., J. Paul McGrath, Asst. Atty. Gen., William Kanter, Sara B. Greenberg, Attys., Appellate Staff, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for appellee.

Black Hills Legal Services, Inc. by Mark Falk, Rapid City, S.D., for appellant.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.

HENLEY, Senior Circuit Judge.

Wallis D. Cornella appeals from the district court's denial of his application for attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412; 5 U.S.C. § 504 (Supp.1982). The district court denied the application because (1) the Social Security Administration was "substantially justified" in denying Cornella disability benefits and, in the alternative, (2) Cornella did not "incur" any attorneys' fees within...

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