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MELKONYAN v. HECKLER

No. 87-5716.

895 F.2d 556 (1990)

Zakhar MELKONYAN, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of HHS, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn March 22, 1989.

Resubmitted April 5, 1989.

Decided January 31, 1990.

Attorney(s) appearing for the Case

John Ohanian, John Ohanian, Inc., Los Angeles, Cal., for plaintiff-appellant.

Michael R. Power, Assistant Regional Counsel, Dept. of Health and Human Services, San Francisco, Cal., for defendant-appellee.

Before WALLACE, CANBY and TROTT, Circuit Judges.

ORDER

The opinion filed in the above case on June 30, 1989, is withdrawn.

OPINION

WALLACE, Circuit Judge:

Melkonyan appeals from the district court's judgment denying his application for attorneys' fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Melkonyan challenges the court's conclusion that the position taken by the Secretary of Health & Human Services (Secretary) was "substantially justified....

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