SESKER v. SULLIVAN

No. 90-4395-CV-C-5.

779 F.Supp. 1042 (1991)

Kevin SESKER, Plaintiff, v. Louis W. SULLIVAN, M.D., Secretary of the Department of Health and Human Services, Defendant.

United States District Court, W.D. Missouri, Central Division.

December 9, 1991.


Attorney(s) appearing for the Case

Larry O. Denny, Kansas City, Mo., for plaintiff.

Gay L. Tedder, U.S. Atty's. Office, Kansas City, Mo., for defendant.


ORDER

SCOTT O. WRIGHT, Senior District Judge.

Before the Court is plaintiff's application for attorney fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. In support of his motion, plaintiff asserts that he is a prevailing party, that the position of the defendant ("the Secretary") was not substantially justified and that there are no special circumstances which make an award unjust. For the following reasons, plaintiff's motion is...

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