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IRVIN v. HECKLER

Civ. A. No. 83-112-1-MAC.

628 F.Supp. 897 (1986)

Willie H. IRVIN, Plaintiff, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.

United States District Court, M.D. Georgia, Macon Division.

February 21, 1986.

Attorney(s) appearing for the Case

Bruce K. Billman, Macon, Ga., for plaintiff.

Frank L. Butler, III, Macon, Ga., for defendant.

ORDER

OWENS, Chief Judge.

Plaintiff moves the court for an order awarding him costs and attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C.A. § 2412(d) (West Supp.1985) (hereinafter EAJA) following entry of judgment in his favor on June 26, 1985.

A district court may award attorney's fees under EAJA1 if three factors are satisfied: (1) claimant must be the prevailing party; (2) the application...

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