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BROUSSARD v. BOWEN

No. 87-4232 Summary Calendar.

828 F.2d 310 (1987)

Harold BROUSSARD, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 30, 1987.

Attorney(s) appearing for the Case

John D. Thompson, Jr., Henry C. Remm, Jr., Ernie L. Vallery, Lafayette, La., for plaintiff-appellant.

Marguerite Lokey, Dallas, Tex., Leven H. Harris, Asst. U.S. Atty., Shreveport, La., Patrick A. Hudson, Dallas, Tex., for defendant-appellee.

Before RUBIN, HIGGINBOTHAM and HILL, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The district court denied a request under the Equal Access to Justice Act by a successful Social Security benefits applicant for attorney's fees on the ground that the Secretary's position in denying benefits, while erroneous, was substantially justified. The issue is close, and we could not fault the district court had it awarded the fees sought. Our standard of review for such decisions, however, is abuse of discretion, and we can...

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