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SULLIVAN v. SULLIVAN

No. 91-2176.

958 F.2d 574 (1992)

Gennie SULLIVAN, Plaintiff-Appellee, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1992.

Attorney(s) appearing for the Case

Mary Koehmstedt Doyle, Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Michael Jay Singer, Civ. Div., U.S. Dept. of Justice, Washington, D.C., and E. Bart Daniel, U.S. Atty., Greenville, S.C., on brief), for defendant-appellant.

John Bagnel Duggan, Duggan, Reese & McKinney, P.A., Greer, S.C., argued, for plaintiff-appellee.

Before SPROUSE and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

LUTTIG, Circuit Judge:

Appellant, Louis W. Sullivan, Secretary of the Department of Health and Human Services, challenges the district court's use of the "personal expenses" subcategory of the Consumer Price Index (CPI), rather than the CPI itself or a more general cost-of-living index, in the calculation of appellee's fee award under the Equal Access to Justice Act. We agree with appellant that the district court lacked statutory authority to base...

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