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PORTER v. HECKLER

No. 85-7066.

780 F.2d 920 (1986)

Ella PORTER, Plaintiff-Appellant, v. Margaret HECKLER, in her capacity as Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 21, 1986.

Attorney(s) appearing for the Case

Judson H. Miner, Davis, Miner, Barnhill & Galland, Laura E. Tilly, Chicago, Ill., for plaintiff-appellant.

George C. Batcheler, Asst. U.S. Atty., Birmingham, Ala., for defendant-appellee.

Before RONEY and ANDERSON, Circuit Judges, and MORGAN, Senior Circuit Judge.

RONEY, Circuit Judge:

In this case the district court denied an application for attorney's fees under the Equal Access to Justice Act, 28 U.S.C.A. § 2412(d), finding the Government's position "substantially justified" throughout the extensive litigation that produced three appeals. Our decision on this fourth appeal turns on two legal decisions: first, when the Government's position at one stage of litigation is substantially justified, but at another...

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