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GREEN v. BOWEN

No. 825, Docket 88-6277.

877 F.2d 204 (1989)

Harry GREEN, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 9, 1989.

Attorney(s) appearing for the Case

John S. Hogg, Hamilton, N.Y., for plaintiff-appellant.

Michael H. Noorigian, Supervisory Staff Atty. for the Regional Attys., U.S. Dept. of Health and Human Services, New York City (Frederick J. Scullin, Jr., U.S. Atty. N.D.N.Y., Syracuse, N.Y., Malcolm M.B. Sterrett, Gen. Counsel, Annette H. Blum, Chief Counsel, Region II, Richard Tunis, Asst. Regional Counsel, Region II, U.S. Dept. of Health and Human Services, New York City, of counsel), for defendant-appellee.

Before TIMBERS, MESKILL and NEWMAN, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from an October 19, 1988 order of the United States District Court for the Northern District of New York, McAvoy, J., denying plaintiff Harry Green's motion for attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (Supp. IV 1986) (EAJA).

We reverse the district court's decision and remand the case for further proceedings.

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