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LIVELY v. BOWEN

No. 87-3191.

858 F.2d 177 (1988)

Joseph E. LIVELY, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 13, 1988.

Attorney(s) appearing for the Case

Kirk B. Roose, Oberlin, Ohio, on brief, for plaintiff-appellant.

Beverly Dennis, III, Chief Counsel, Philadelphia, Pa., Charlotte Hardnett, Supervisory Atty., Regional Counsel, Washington, D.C., James A. Winn, Asst. Regional Counsel, Office of the Gen. Counsel, Dept. of Health and Human Services, Michael W. Carey, U.S. Atty., Stephen M. Horn, Asst. U.S. Atty., Charleston, W.Va., on brief, for defendant-appellee.

Before WINTER, Chief Judge, and RUSSELL and WILKINS, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

Joseph E. Lively appeals the district court's denial of his motion for attorneys' fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412 (EAJA). On the parties' request, we decide this case on the briefs without oral argument.

Without assigning reasons, the district court summarily concluded that Secretary of Health and Human Services Otis R. Bowen (the Secretary) was substantially justified in opposing...

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