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GUTIERREZ v. SULLIVAN

Nos. 90-4198, 91-4009.

953 F.2d 579 (1992)

Joey V. GUTIERREZ, Plaintiff-Appellant/Cross-Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 30, 1992.

Attorney(s) appearing for the Case

Maureen L. Cleary, Salt Lake City, Utah, for plaintiff-appellant/cross-appellee.

Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., Dee Benson, U.S. Atty., Salt Lake City, Utah, and Deana R. Ertl-Lombardi, Sp. Atty. to the U.S. Atty. Gen., Denver, Colo. (Ronald S. Luedemann and Thomas A. Nelson, Jr., Office of the Gen. Counsel, Dept. of Health and Human Services, of counsel), for defendant-appellee/cross-appellant.

Before McKAY, Chief Judge, EBEL, Circuit Judge, and SAFFELS, District Judge.

SAFFELS, District Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Plaintiff Joey Gutierrez appeals the district court's Order of September 25, 1990, denying his request for attorney's fees under the Equal Access to Justice...

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