MARTINEZ v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 85-1111.

815 F.2d 1381 (1987)

Jose F. MARTINEZ, Plaintiff-Appellant, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 13, 1987.


Attorney(s) appearing for the Case

Adele Graham of Graham & Graham, San Luis, Colo., for plaintiff-appellant.

Robert N. Miller, U.S. Atty., and Robert Gay Guthrie, Asst. U.S. Atty., Denver, Colo. (Ronald S. Luedemann, Regional Atty., Thomas A. Nelson, Jr., Deputy Regional Atty., and Mary Lee Bartman, Asst. Regional Atty., Dept. of Health and Human Services, Denver, Colo., of Counsel), for defendant-appellee.

Before BARRETT, McKAY, and LOGAN, Circuit Judges.


PER CURIAM.

In accordance with 10th Cir.R. 9(e) and Fed.R.App.P. 34(a), this appeal came on for consideration on the briefs and record on appeal.

The issue in this case is whether the plaintiff is entitled to attorney's fees and expenses as a prevailing party under the Equal Access to Justice Act (EAJA). 28 U.S.C. § 2412. For the reasons that follow, we affirm the district court's judgment.

I

Plaintiff was injured in a work accident...

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