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REYES v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 76 Civ. 3725 (CBM).

807 F.Supp. 293 (1992)

Manuel REYES, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, S.D. New York.

March 30, 1992.

Attorney(s) appearing for the Case

Scheine, Fusco, Brandenstein & Rada, P.C., Victor Fusco, Hempstead, NY, for plaintiff.

Otto G. Obermaier, U.S. Atty., S.D.N.Y., Lorraine Novinski, Sp. Asst. U.S. Atty., New York City, for defendant.

OPINION ON PLAINTIFF'S MOTION FOR ATTORNEY'S FEES

MOTLEY, District Judge.

Plaintiff has moved to reopen this case under Rule 60(b)(6) of the Federal Rules of Civil Procedure for the purpose of awarding counsel fees pursuant to the Social Security Act (SSA), 42 U.S.C. 406(b), and the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412(d). The Government does not oppose the award of fees under the SSA, or the reopening of the case, but does oppose the EAJA...

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