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HAYES v. HECKLER

No. 85-3879.

785 F.2d 1455 (1986)

Robert S. HAYES, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 4, 1986.

Attorney(s) appearing for the Case

Mike Stebbins, Hayner, Waring, Stebbins & Coffey, North Bend, Or., for plaintiff-appellant.

Richard H. Wetmore, Asst. Regional Atty., Seattle, Wash., for defendant-appellee.

Before FLETCHER, ALARCON and WIGGINS, Circuit Judges.

PER CURIAM:

Robert Hayes appeals the district court's denial of his motion and petition for attorneys' fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The district court found that the position of the Secretary of Health and Human Services (Secretary) during the proceedings was substantially justified, precluding an EAJA award.

We remand the case to the district court to articulate its reasons for finding that the Secretary...

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