SCHROEDER, Circuit Judge:
The claimant appeals from an order of the district court denying attorney's fees under the Equal Access to Justice Act, ("EAJA"), 28 U.S.C. § 2412(d), on the ground that the government's position was substantially justified. On appeal, the government raises for the first time a jurisdictional issue. It argues that as a result of the Supreme Court's decision in Melkonyan v. Sullivan, ___ U.S. ___, 111 S.Ct. 2157, 115 L.Ed.2d 78...
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