MATTSON v. BOWEN

No. 86-5368.

824 F.2d 655 (1987)

Floyd MATTSON, Arbadella G. Brandner, on their own behalf and on behalf of all others similarly situated, Appellants. Dorothy L. Roy, v. Otis BOWEN, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 27, 1987.


Attorney(s) appearing for the Case

Edwin W.F. Dyer III, Bismarck, N.D., for appellants.

Jeffrey Blair, Denver, Colo., for appellee.

Before McMILLIAN, BOWMAN and WOLLMAN, Circuit Judges.


BOWMAN, Circuit Judge.

Floyd Mattson and Arbadella Brandner, plaintiffs below, appeal from the District Court's denial of their petition for attorney fees and costs pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Appellants applied to the Secretary of Health and Human Services (the Secretary) for disability benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 423 and 1381a, but were denied benefits pursuant...

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