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WELLS v. SULLIVAN

Nos. 1034, 1035, Dockets 89-6244, 89-6246.

907 F.2d 367 (1990)

Dale WELLS, William Hlywa, Plaintiffs-Appellants, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee, Appeal of John S. HOGG.

United States Court of Appeals, Second Circuit.

Decided June 29, 1990.

Attorney(s) appearing for the Case

John S. Hogg, Hamilton, N.Y., for appellant Hogg and plaintiffs-appellants Wells and Hlywa.

Arthur Swerdloff, Asst. Regional Counsel, Region II. Office of the Gen. Counsel, U.S. Dept. of Health and Human Services, New York City (Michael J. Astrue, Gen. Counsel, Annette H. Blum, Chief Counsel, Region II, Frederick J. Scullin, Jr., U.S. Atty., N.D.N.Y., of counsel), for defendant-appellee Louis W. Sullivan, M.D.

Before NEWMAN and PRATT, Circuit Judges, and MUKASEY, District Judge for the Southern District of New York, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

For the second time these two social security cases are on appeal on issues of attorney's fees. In the first appeal, Wells v. Bowen, 855 F.2d 37 (2d Cir.1988) (Wells I), we held that an attorney may apply for and be awarded fees under both the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and the Social Security Act (SSA), 42 U.S.C. § 406(b), and we remanded for a...

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