DAMATO v. SULLIVAN

No. 90-1402.

945 F.2d 982 (1991)

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

United States Court of Appeals, Seventh Circuit.

Decided October 10, 1991.

As Amended January 6, 1992.


Attorney(s) appearing for the Case

Frederick J. Daley (argued), Chicago, Ill., for plaintiff-appellant.

Ann L. Wallace, Asst. U.S. Atty., Office of the U.S. Atty., Criminal Div., Gary A. Sultz (argued), Dept. of Health and Human Services, Region V, Office of the Gen. Counsel, Nancy K. Needles, Asst. U.S. Atty., Office of the U.S. Atty., Civil Div., Appellate Section, Chicago, Ill., for defendant-appellee.

Before CUMMINGS, CUDAHY, and COFFEY, Circuit Judges.


COFFEY, Circuit Judge.

Damato brought this action seeking attorney fees pursuant to 28 U.S.C. § 2412(d)(1) as the prevailing party in an action against the United States. The district court rejected the request for attorney fees, finding that the position of the United States was substantially justified. We affirm.

I. BACKGROUND

Claiming an inability to work as a result of emphysema and bronchitis as...

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