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BUCK v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 89-4130.

923 F.2d 1200 (1991)

Oliver BUCK, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 18, 1991.

Attorney(s) appearing for the Case

James Roy Williams (argued), Young & Reverman Co., Cincinnati, Ohio, for plaintiff-appellant.

Anne K. Kleinman (argued), Dept. of Health and Human Services, Office of Gen. Counsel, Region V, Chicago, Ill., Nicholas J. Pantel, Asst. U.S. Atty., Office of U.S. Atty., Cincinnati, Ohio, Joseph E. Kane, Asst. U.S. Atty., Office of U.S. Atty., Columbus, Ohio, for defendant-appellee.

Before KEITH and MILBURN, Circuit Judges, and ZATKOFF, District Judge.

KEITH, Circuit Judge.

Plaintiff Oliver Buck ("Buck") appeals from the district court's order of October 30, 1989, denying his motion for attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in this social security case. For the reasons set forth below, we find that the district court lacked subject matter jurisdiction. We therefore VACATE the district court's decision and DISMISS for lack of subject matter jurisdiction.

I.

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