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PRESTON v. HECKLER

No. F80-039 CIV.

596 F.Supp. 1158 (1984)

Lillian N. PRESTON, for herself and all others similarly situated, Plaintiffs, v. Margaret M. HECKLER, Secretary of the Department of Health and Human Services, et al., Defendants.

United States District Court, D. Alaska.

August 20, 1984.

Attorney(s) appearing for the Case

Daniel L. Callahan, Schendel & Callahan, Fairbanks, Alaska, for plaintiffs.

Michael Spaan, U.S. Atty., Anchorage, Alaska, for defendants.

MEMORANDUM AND ORDER

VON DER HEYDT, District Judge.

THIS CAUSE comes before the court on plaintiffs' motion for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1982).

I. 28 U.S.C. § 2412(b)

Attorney's fees are not available pursuant to 28 U.S.C. § 2412(b) on the theory that this case was analogous to a section 1983 action for which attorney's fees...

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