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HERRON v. BOWEN

No. 85-1192 Summary Calendar.

788 F.2d 1127 (1986)

Davis C. HERRON, Plaintiff-Appellant, v. Otis W. BOWEN, Secretary of Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 5, 1986.

Attorney(s) appearing for the Case

Carl Weisbrod, Dallas, Tex., for plaintiff-appellant.

James A. Rolfe, U.S. Atty., Charles N. Ory, Asst. U.S. Atty., Ms. Gayla Fuller, Acting Regional Atty., Office of Gen. Karen J. Behner, Atty., Counsel, Dept. of Health & Human Services, Dallas, Tex., for defendant-appellee.

Before RUBIN, REAVLEY and HILL, Circuit Judges.

PER CURIAM:

The plaintiff, Davis C. Herron, appeals from a district court order denying him an award of attorneys' fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A)-(B). By unpublished opinion, a panel of this court affirmed the district court. Herron v. Heckler, No. 85-1192, 772 F.2d 902 (5th Cir. Aug. 27, 1985). Subsequently, we vacated this opinion and granted panel rehearing, Herron v. Heckler, 775 F.2d 603...

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