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BARRY v. BOWEN

No. 88-15039.

884 F.2d 442 (1989)

George L. BARRY, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1989.

Attorney(s) appearing for the Case

John F. Daly, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., for defendant-appellant.

Harvey P. Sackett, San Jose, Cal., for plaintiff-appellee.

Before SNEED, ALARCON and LEAVY, Circuit Judges.

OPINION

SNEED, Circuit Judge:

The Secretary of Health & Human Services (HHS) appeals the district court's finding of contempt and imposition of attorney's fees for failing to pay plaintiff counsel's Equal Access to Justice Act (EAJA) fees within thirty days. We reverse.

I.

FACTS AND PROCEEDINGS BELOW

This suit arises from a successful challenge by plaintiff to a policy whereby the Secretary reviewed all decisions made...

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