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RUSSELL v. HECKLER

No. 86-1281.

866 F.2d 638 (1989)

RUSSELL, Christine, Appellant, v. HECKLER, Margaret.

United States Court of Appeals, Third Circuit.

January 31, 1989.

Attorney(s) appearing for the Case

Arnold F. Laikin, Philadelphia, Pa., for appellant.

John R. Bolton, Asst. Atty. Gen., Thomas H. Lee, II, Acting U.S. Atty., William Kanter, Mark W. Pennak, Attorneys, Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., for appellee.

Before SLOVITER, and STAPLETON, Circuit Judges, and FARNAN, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

When this case was last before us, we held that under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (Supp. III 1985), Christine Russell was entitled to an award of counsel fees and costs incurred by her in her successful defense of a proceeding instituted by the Secretary to recoup an overpayment of social security benefits. Russell v. Heckler, 814 F.2d 148

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