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MEYER v. SULLIVAN

Nos. 89-8835, 89-8935, 89-8943 and 90-8081.

958 F.2d 1029 (1992)

Herbert MEYER, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Department of Health and Human Services, Defendant-Appellee. James E. GLOVER, SS# 256-64-4943, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee. Tom BATTLE, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health & Human Services, Defendant-Appellee. Brenda S. FINDLEY, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 8, 1992.

Attorney(s) appearing for the Case

Charles L. Martin, Decatur, Ga., for Meyer, Glover, Battle and Findley.

Sharon Douglas Stokes, Asst. U.S. Atty., Bruce R. Granger, Office of General Counsel, Haila Naomi Kleinman, Mack A. Davis, Mary Ann Sloan, Atlanta, Ga., for Sullivan in No. 89-8835.

Frank L. Butler, III, Asst. U.S. Atty., Macon, Ga., Haila Naomi Kleinman (Lead Counsel), Mack A. Davis, Mary Ann Sloan, Bruce R. Granger, Office of General Counsel, Atlanta, Ga., for Sullivan in Nos. 89-8935 and 89-8943.

Robert L. Barr, Jr., U.S. Atty., Jane Wilcox Swift, Asst. U.S. Atty., Bruce R. Granger, Mack A. Davis, Haila Naomi Kleinman (Lead Counsel), Mary Ann Sloan, Office of General Counsel, Atlanta, Ga., for Sullivan in No. 90-8081.

Before TJOFLAT, Chief Judge, DUBINA, Circuit Judge, and PECK, Senior Circuit Judge.

TJOFLAT, Chief Judge:

The issue before us in these consolidated appeals is whether a district court must consider the impact of inflation when awarding attorney's fees under section 204 of the Equal Access to Justice Act, 28 U.S.C. § 2412 (1988) (the EAJA or the Act). Specifically, when the court determines that the market rate for attorney's fees exceeds the statutory cap of $75 per hour, must the court then adjust the cap upward to account for cost-of-living...

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