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O'CONNOR v. SHALALA

No. 92-3726.

23 F.3d 1232 (1994)

Thomas O'CONNOR, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 11, 1994.

Attorney(s) appearing for the Case

David N. Kornfeld (argued), Evanston, IL, for plaintiff-appellant.

Gail C. Ginsberg, Asst. U.S. Atty., Crim. Div., Donna Morros Weinstein, Michael C. Messer (argued), Dept. of Health and Human Services, Region V, Office of the General Counsel, Chicago, IL, for defendant-appellee.

Before FLAUM and EASTERBROOK, Circuit Judges, and MILLER, District Judge.

MILLER, District Judge.

Thomas O'Connor appeals the denial of his petition for an award under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. For the reasons that follow, we find that although the petition was not filed until more than a year after this court directed further administrative proceedings, the right to petition for an EAJA award survives.

On July 24, 1990, the district court directed entry of judgment for the Secretary of Health...

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