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TRUAX v. BOWEN

No. 87-5047.

842 F.2d 995 (1988)

Caleb J. TRUAX, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services of the United States, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 18, 1988.

Attorney(s) appearing for the Case

Mark E. Todd, St. Paul, Minn., for appellant.

Lynn A. Zenter, Minneapolis, Minn., and Ted K. Yasuda, Chicago, Ill., for appellee.

Before HEANEY, WOLLMAN and MAGILL, Circuit Judges.

PER CURIAM.

Caleb Truax appeals the United States Magistrate's1 order denying his motion for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A). For the reasons discussed below, we affirm.

Truax was awarded disability insurance benefits commencing on April 13, 1979, following a heart attack. The Secretary of Health and Human Services (Secretary) reviewed Truax's case in 1982, and on October...

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