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WAGAMAN v. BOWEN

Civ. No. 85-3059.

698 F.Supp. 187 (1988)

H. Henry WAGAMAN, Plaintiff, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, D. South Dakota, C.D.

October 26, 1988.

Attorney(s) appearing for the Case

Richard L. Bode, Pierre, S.D., for plaintiff.

Mikal Hanson, Asst. U.S. Atty., Pierre, S.D., for defendant.

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

Plaintiff H. Henry Wagaman has filed a motion for an award of expenses under the Equal Access to Justice Act (EAJA), codified at 28 U.S.C. § 2412. This court denies Wagaman's motion because Wagaman failed to file his request for expenses within the time limitation contained in § 2412(d)(1)(B).

I. Facts

In 1984, Wagaman applied for disability benefits, claiming disability since...

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