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PAIGE v. SULLIVAN

No. 87 C 9456.

717 F.Supp. 626 (1989)

William PAIGE, Jr., Plaintiff, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, N.D. Illinois, E.D.

August 10, 1989.

Attorney(s) appearing for the Case

Richard M. Wheelock, Legal Assistance Foundation of Chicago, Chicago, Ill., for plaintiff.

Frederick H. Branding, Asst. U.S. Atty., Donna Morros Weinstein and Gary A. Sultz, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

William Paige, Jr. ("Paige") seeks an award of attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d) ("Section 2412(d)"). Secretary of Health and Human Services Louis Sullivan ("Secretary")1 opposes such an award on the ground Paige was not a "prevailing party"—the EAJA standard.

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