McNULTY v. SULLIVAN

No. 89-1879.

886 F.2d 1074 (1989)

Michael McNULTY, Appellant, v. Lewis W. SULLIVAN, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 12, 1989.


Attorney(s) appearing for the Case

Anthony W. Bartels, Jonesboro, Ark., for appellant.

Karen J. Sharp, Dallas, Tex., for appellee.

Before ARNOLD, FAGG, and BEAM, Circuit Judges.


PER CURIAM.

Michael McNulty appeals from the district court's order refusing to grant an upward cost of living adjustment in the statutory hourly rate for attorney fee awards under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(2)(A)(ii). We affirm.

The abuse of discretion standard governs our review. See Pierce v. Underwood, ___ U.S. ___, 108 S.Ct. 2541, 2553, 101 L.Ed.2d 490 (1988); Brouwers v. Bowen, 823 F...

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