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JANKOVICH v. BOWEN

Nos. 87-3037, 87-3550.

868 F.2d 867 (1989)

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

United States Court of Appeals, Sixth Circuit.

Decided February 28, 1989.

Attorney(s) appearing for the Case

Lester S. Potash, Lester S. Potash Office, Cleveland, Ohio, for plaintiff-appellant.

Michael Anne Johnson, Asst. U.S. Atty., Cleveland, Ohio, for defendant-appellee.

Before JONES, Circuit Judge, and PECK and LIVELY, Senior Circuit Judges.

PER CURIAM.

The claimant in this Social Security disability case appeals from the magistrate's denial of his motion for attorneys fees filed pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (1982) ("EAJA"), and also appeals from the magistrate's finding that the district court lacked jurisdiction over his separate motion for attorneys fees filed pursuant to 42 U.S.C. § 406(b)(1) (1982). Because we find that the Secretary's position had a...

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