RUSSELL v. HECKLER

No. 86-1281.

814 F.2d 148 (1987)

RUSSELL, Christine, Appellant, v. HECKLER, Margaret.

United States Court of Appeals, Third Circuit.

Decided March 20, 1987.


Attorney(s) appearing for the Case

Arnold F. Laikin (argued), Philadelphia, Pa., for appellant.

Edward S.G. Dennis, Jr., U.S. Atty., James G. Sheehan, Asst. U.S. Atty., Chief, Civil Div., Charisse R. Lillie, Asst. U.S. Atty., Beverly Dennis, III, Chief Counsel, Region III, James C. Newman, Supervisory Asst., Regional Counsel, James A. Tinnyo (argued), Asst. Regional Counsel, Office of the Gen. Counsel, Dept. of Health and Human Services, Philadelphia, Pa., for appellee.

Before SLOVITER and STAPLETON, Circuit Judges and FARNAN, District Judge.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

Christine Russell appeals the district court's denial of her motion for an award of attorney's fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (Supp. III 1985). Russell seeks compensation for attorney's fees and costs incurred during judicial review of the decision by Secretary Heckler of the Department of Health and Human Services not to waive recoupment of social security...

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