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BEGLEY v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 91-5361.

966 F.2d 196 (1992)

Jaynell BEGLEY, Ruth Ellis, Evelyn Gibson, Daisy Laymance, Eva Nuchols, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. SECRETARY of HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 10, 1992.

Attorney(s) appearing for the Case

Robert R. Campbell, Hodges, Doughty & Carson, Knoxville, Tenn., Lenny L. Croce (argued & briefed), Donna M. Lefebvre, Rural Legal Services of Tennessee, Oak Ridge, Tenn., and Kenneth Miller, Miller & Prewitt, Knoxville, Tenn., for plaintiffs-appellants.

Lowell V. Sturgill, Jr., Matthew M. Collette, Marc Richman (argued and briefed), William Kanter, Dept. of Justice, Appellate Staff, Civ. Div.; James S. Portnoy, U.S. Dept. of Justice, Civ. Div., Washington, D.C.; and Paige Auer Winck, Asst. U.S. Atty., Office of the U.S. Atty., Knoxville, Tenn., for defendant-appellee.

Before GUY and RYAN, Circuit Judges; and JOINER, Senior District Judge.

RYAN, Circuit Judge.

This is a class action challenging certain policies and practices employed by the Secretary of Health and Human Services to evaluate the disability benefits eligibility of certain "surviving spouse" claimants under the Social Security Act. Plaintiffs were granted summary judgment and now seek review of the district court's award of attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. We vacate the order awarding...

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