STONE v. HECKLER

Civ. A. No. 84-3021.

658 F.Supp. 670 (1987)

Carl L. STONE, Plaintiff, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant.

United States District Court, S.D. Illinois, East St. Louis Division.

April 17, 1987.


Attorney(s) appearing for the Case

Douglas Marti, Greenville, Ill., for plaintiff.

Michael C. Carr, Asst. U.S. Atty., Benton, Ill., for defendant.


MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

The matter before the Court is plaintiff Stone's Application for Attorney's Fees made pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The only issues raised by the parties are whether plaintiff was a "prevailing" party within the meaning of the Act and whether the position of the government in litigating the case was "substantially justified."

In the case at bar, plaintiff's claim...

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