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McCARTHY v. BOWEN

Docket No. 86-6121.

824 F.2d 182 (1987)

Patricia McCARTHY, Latrenda Braswell, on their own behalf and on behalf of all those similarly situated, Plaintiffs-Appellees, v. Otis R. BOWEN, M.D., Secretary, U.S. Department of Health and Human Services, Defendant-Appellant, Stephen Heintz, Commissioner, Connecticut Department of Income Maintenance, Defendant.

United States Court of Appeals, Second Circuit.

Decided July 15, 1987.

Attorney(s) appearing for the Case

Nancy S. Nemon, Deputy Chief Counsel, Dept. of Health and Human Services, Boston, Mass., submitted a brief for defendant-appellant.

Judith I. Solomon, Legal Aid Society of Hartford County, Inc., Hartford, Conn., submitted a brief for plaintiffs-appellees.

Before OAKES, NEWMAN, and PIERCE, Circuit Judges.

PER CURIAM:

This is a motion by plaintiffs-appellees for attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C.A. § 2412(d)(1)(A) (West Supp.1987), for fees incurred in connection with an appeal by the defendant-appellant Secretary of Health and Human Services. The suit challenged the Secretary's regulatory interpretation, 45 C.F.R. § 233.20(a)(3)(xviii) (1987), and the State defendant's implementation of 42 U.S.C. § 602(a)(39...

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