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SOMMER v. SULLIVAN

No. 929, Docket 89-6238.

898 F.2d 895 (1990)

Samuel L. SOMMER, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 20, 1990.

Attorney(s) appearing for the Case

Samuel L. Sommer, Wallkill, N.Y., pro se.

Donald A. Gonya, Chief Counsel for Soc. Security, John M. Sacchetti, Chief, Retirement Survivors & Supplemental Assistance, Litigation Branch, Randolph W. Gaines, Deputy Chief Counsel for Soc. Security, Mark S. Ledford, Office of Gen. Counsel, Dept. of Health & Human Services, Baltimore, Md., submitted a brief for defendant-appellee.

Before NEWMAN and PRATT, Circuit Judges, and MUKASEY, District Judge.

PER CURIAM:

Samuel L. Sommer, an incarcerated pro se litigant, appeals from the September 29, 1989, order of the District Court for the Northern District of New York (Neal P. McCurn, Chief Judge), denying his motion for attorney's fees. Having achieved some success in litigation against the Social Security Administration, Sommer sought fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b) (1982), and the Equal Access to Justice Act ...

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