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TRESSLER v. HECKLER

No. 84-5270.

748 F.2d 146 (1984)

Doyle TRESSLER, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services.

United States Court of Appeals, Third Circuit.

Decided November 14, 1984.

As Amended January 22, 1985.

Rehearing Denied January 23, 1985.

Attorney(s) appearing for the Case

Garry Wamser, Susquehanna Legal Services, Bloomsburg, Pa., for appellant.

David Dart Queen, U.S. Atty., Barbara Kosik, Asst. U.S. Atty., M.D. Pa., Harrisburg, Pa., Beverly Dennis, III, Regional Atty., Michael Leonard, Asst. Regional Atty., Dept. of Health and Human Services, Philadelphia, Pa., for appellee.

Before GIBBONS, BECKER and VAN DUSEN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) October 19, 1984.

OPINION OF THE COURT

GIBBONS, 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).

I.

Plaintiff Doyle Tressler alleges that he became disabled in May 1980, at age 34, from degenerative disc syndrome. From February 1965 through June...

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