FULTON v. HECKLER

No. 84-1469.

784 F.2d 348 (1986)

Henry F. FULTON, Jr., Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 24, 1986.


Attorney(s) appearing for the Case

Eric G. Melders and Jack Gray, Oklahoma City, Okl., for plaintiff-appellant.

William S. Price, U.S. Atty., Oklahoma City, Okl., and Gayla Fuller, Reg. Atty., Gabriel Imperato, Deputy Reg. Atty., and Mary K. Biester, Asst. Reg. Atty., Dept. of Health and Human Services, Dallas, Tex., for defendant-appellee.

Before HOLLOWAY, Chief Judge, and SEYMOUR, Circuit Judge.


SEYMOUR, Circuit Judge.

In Fulton v. Heckler, 760 F.2d 1052 (10th Cir.1985), we reversed the magistrate's affirmance of an administrative decision to deny Fulton social security disability benefits, and we remanded the case to the Secretary for prompt payment. Fulton has moved this court for an award of costs and attorneys fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (1982) (as amended by Act of August...

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