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GAMBER v. BOWEN

No. 86-5435-SD.

823 F.2d 242 (1987)

Gene L. GAMBER, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services of the United States of America, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1987.

Attorney(s) appearing for the Case

James D. Leach, Rapid City, S.D., for plaintiff-appellant.

Jeffrey C. Blair, Denver, Colo., for defendant-appellee.

Before: ARNOLD, JOHN R. GIBSON, and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Senior Circuit Judge:

We are asked to determine whether Gene Gamber should be awarded attorney fees under the Equal Access to Justice Act. The district court1 denied them, finding that the government's position was substantially justified. We reverse.

BACKGROUND

Gamber applied for disability benefits in 1983, complaining that back, stomach, and chest pain...

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