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RIDDLE v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 86-5228.

817 F.2d 1238 (1987)

Samuel RIDDLE, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 1, 1987.

Rehearing Granted and Opinion Vacated July 9, 1987.

Attorney(s) appearing for the Case

Stuart E. Warren, Western Kentucky Legal Services, Owensboro, Ky., for plaintiff-appellant.

Alexander Taft, U.S. Atty., Louisville, Ky., Suzanne M. Warner, U.S. Atty.'s Office, Louisville, Ky., for defendant-appellee.

Before ENGEL and JONES, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Rehearing En Banc Granted and Opinion Vacated July 9, 1987.*

NATHANIEL R. JONES, Circuit Judge.

Samuel Riddle appeals from the district court's denial of attorney's fees under the Equal Access to Justice Act ("EAJA"), 5 U.S.C. § 504 (1982 & Supp. III 1985); 28 U.S.C. § 2412 (1982 & Supp. III 1985). The district court based the denial upon its determination that the position...

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