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BERTRAND v. SULLIVAN

No. 92-4264 Summary Calendar.

976 F.2d 977 (1992)

John C. BERTRAND, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 11, 1992.

Attorney(s) appearing for the Case

Ulysses Gene Thibodeaux, Newman & Thibodeaux, Lake Charles, La., for plaintiff-appellant.

Joseph B. Liken, Sr. Supervisory, Lead Atty., Gayla Fuller, DHHS, Office of Gen. Counsel, Dallas, Tex., Joseph S. Cage, Jr., U.S. Atty., John A. Broadwell, Shreveport, La., for defendant-appellee.

Before HIGGINBOTHAM, SMITH, and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

John Bertrand appeals the district court's denial of his application for attorney's fees following remand to the defendant, the Secretary of Health and Human Services. Agreeing with the district court that Bertrand is not now a "prevailing party," we affirm.

I.

Bertrand filed a complaint seeking review of the Secretary's denial of his application for social security disability benefits. The parties filed cross-motions...

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