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PETRONE v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 89-55732.

936 F.2d 428 (1991)

Joan PETRONE, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1991.

Attorney(s) appearing for the Case

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

Jerry J. Bassett, Asst. Regional Counsel, San Francisco, Cal., for defendant-appellee.

Before WALLACE, Chief Judge, O'SCANNLAIN and RYMER, Circuit Judges.

PER CURIAM:

Petrone timely appeals from a district court order denying his petition for attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412 (EAJA). The district court had jurisdiction pursuant to 42 U.S.C. § 405(g). We have jurisdiction pursuant to 28 U.S.C. § 1291. Because we find Petrone is not a prevailing party within the meaning of the EAJA, we affirm.

I

In 1966 and again in 1976, Petrone applied for disability...

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