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POSLEDNIK v. SULLIVAN

No. 83 Civ. 5556 (JES).

718 F.Supp. 1097 (1989)

Evelyn POSLEDNIK, Plaintiff, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

United States District Court, S.D. New York.

June 9, 1989.

Attorney(s) appearing for the Case

Kramer, Levin, Nessen, Kamen & Frankel (Lorraine S. Fields, of counsel), MFY Legal Services, Inc. (David S. Udell, of counsel), New York City, for plaintiff.

Benito Romano, U.S. Atty., S.D.N.Y. (Linda A. Riffkin, Sp. Asst. U.S. Atty., of counsel), New York City, for defendant.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

In this action, plaintiff moves pursuant to 28 U.S.C. §§ 1920 and 2412(d) for an award of attorneys' fees and costs because the position of the Secretary of Health and Human Services ("Secretary")1 was not substantially justified. The Secretary does not dispute that attorneys' fees are appropriate, but does contest the amount of the award. For the reasons that follow...

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