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TRICHILO v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 1129, Docket 87-6023.

823 F.2d 702 (1987)

Joseph TRICHILO, Plaintiff-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 26, 1987.

Attorney(s) appearing for the Case

Jay S. Bybee, Appellate Staff Civil Div., U.S. Dept. of Justice, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., William Kanter, U.S. Dept. of Justice, Civil Div., Washington, D.C., Frederick J. Scullin, Jr., U.S. Atty. for the N.D.N.Y., of counsel), for defendant-appellant.

James M. Baker, Syracuse, N.Y. (Baker, Clark & Satter, of counsel), for plaintiff-appellee.

Before VAN GRAAFEILAND, PRATT, and ALTIMARI, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

This appeal raises two issues under the Equal Access to Justice Act ("EAJA") that have divided the courts that have considered them. First, the secretary of the Department of Health and Human Services ("the secretary") argues that the district court erred in awarding plaintiff Trichilo attorney's fees under 28 U.S.C. § 2412(d) in the amount of $88 per hour, based on the statutory rate of $75 per hour plus a cost-of-living adjustment...

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