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JOHNSON v. HECKLER

No. 85-5206.

780 F.2d 26 (1985)

Rose JOHNSON, Appellant, v. Margaret HECKLER, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 31, 1985.

As Modified March 10, 1986.

Attorney(s) appearing for the Case

Ethel Schaen, St. Paul, Minn., for appellant.

Mimi H. Leahy, Asst. Regional Atty. of the Dept. of Health and Human Services, Chicago, Ill., for appellee.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

PER CURIAM.

Rose Johnson appeals from the district court's dismissal of her petition for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (1982), as untimely. We reverse and remand.

On December 14, 1984, the district court reversed the Secretary of Health and Human Services' denial of Johnson's claim for supplemental security income and remanded to the Secretary for calculation of benefits. On January 31, 1985, no appeal having...

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