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SILVA v. BOWEN

Civ. A. No. 85-7074.

658 F.Supp. 72 (1987)

Antolin SILVA v. Otis R. BOWEN, M.D., Secretary of Health and Human Services.

United States District Court, E.D. Pennsylvania.

March 9, 1987.

Attorney(s) appearing for the Case

Herbert Karasin, Reading, Pa., for plaintiff.

Edward T. Ellis, Asst. U.S. Atty., Phila., Pa., for Bowen.

MEMORANDUM

NEWCOMER, District Judge.

I have before me in this social security appeal plaintiff's petition for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A). Under the EAJA, an award of fees is available in such cases to a prevailing party other than the United States "unless the court finds that the position of the United States was substantially justified." Id.

As the Third Circuit Court of...

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