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JABAAY v. SULLIVAN

No. 90-1104.

920 F.2d 472 (1990)

Alice JABAAY, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 17, 1990.

As Amended December 17, 1990.

Order on Motion to Recall Mandate January 25, 1991.

Attorney(s) appearing for the Case

Marcie E. Goldbloom, Chicago, Ill., for plaintiff-appellant.

Carol A. Davilo, Asst. U.S. Atty., Michael C. Messer, Dept. of Health and Human Services, Region V, Office of the General Counsel, Chicago, Ill., for defendant-appellee.

Before WOOD, Jr., MANION and KANNE, Circuit Judges.

PER CURIAM.

Plaintiff-appellant, Alice Jabaay, appeals the denial of her application for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. EAJA permits an award of attorney's fees incurred by the "prevailing party ... in any civil action ... brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified...." 28 U.S...

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