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TAYLOR v. HECKLER

No. 83-8621.

778 F.2d 674 (1985)

Clarence K. TAYLOR, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 16, 1985.

Attorney(s) appearing for the Case

Edward R. Zacker, Brunswick, Ga., for plaintiff-appellant.

Henry L. Whisenhunt, Jr., Asst. U.S. Atty., Augusta, Ga., Holly A. Grimes, Atlanta, Ga., for defendant-appellee.

Before TJOFLAT and JOHNSON, Circuit Judges, and DUMBAULD, District Judge.

TJOFLAT, Circuit Judge:

The Equal Access to Justice Act (EAJA)1 authorizes a district court to award an attorney's fee to an individual who prevails in a suit in which the Government is the opposing party and in which the Government's litigating position was not "substantially justified." To obtain such a fee, the prevailing party must make application therefor within thirty days of the entry of final judgment. The question we must decide...

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