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ASTON v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 332, Docket 86-6125.

808 F.2d 9 (1986)

Myron S. ASTON, Jr., Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 24, 1986.

Attorney(s) appearing for the Case

Craig A. Benedict, Asst. U.S. Atty., N.D.N.Y., Syracuse, N.Y. (Frederick J. Scullin, Jr., U.S. Atty. N.D.N.Y., Syracuse, N.Y., of counsel), for defendant-appellant.

Philip J. Artz, Binghamton, N.Y. (Ball & McDonough, Binghamton, N.Y., of counsel), for plaintiff-appellee.

Before MANSFIELD, MESKILL and MINER, Circuit Judges.

MESKILL, Circuit Judge:

The Secretary of Health and Human Services (Secretary) appeals from Judge McCurn's award of attorney's fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (1982), as a result of a successful suit for social security disability benefits brought by Myron S. Aston, Jr.

BACKGROUND

Aston brought the underlying action to appeal a final decision by the Secretary that Aston was not disabled and denying...

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