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SULLIVAN v. HUDSON

No. 88-616.

490 U.S. 877 (1989)

SULLIVAN, SECRETARY OF HEALTH AND HUMAN SERVICES v. HUDSON

Supreme Court of United States.

Decided June 12, 1989

Attorney(s) appearing for the Case

Edwin S. Kneedler argued the cause for petitioner. On the briefs were former Solicitor General Fried, Acting Solicitor General Bryson, Assistant Attorney General Bolton, Deputy Solicitor General Merrill, Harriet S. Shapiro, and William Kanter.

James E. Coleman, Jr., argued the cause for respondent. With him on the brief were Joseph E. Killory, Jr., and Richard J. Ebbinghouse.

JUSTICE O'CONNOR delivered the opinion of the Court.

The issue before us in this case is whether a Social Security claimant is entitled to an award of attorney's fees under the Equal Access to Justice Act for representation provided during administrative proceedings held pursuant to a district court order remanding the action to the Secretary of Health and Human Services.

I

Respondent Elmer Hudson filed an application for the establishment of a period...

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