Eugene R. ORNER, Plaintiff-Appellant,
v.
Donna E. SHALALA, Secretary of the United States Department of Health & Human Services, Defendant-Appellee.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
July 19, 1994.
July 19, 1994.
Attorney(s) appearing for the Case
Frederick W. Newall, Colorado Springs, CO, for plaintiff-appellant.
James R. Allison, Interim U.S. Atty., Stephen D. Taylor, Asst. U.S. Atty., Denver, CO (Randolph W. Gaines, Acting Chief Counsel for Social Security, John M. Sacchetti, Chief, Retirement, Survivors and Supplemental Assistance Litigation Branch, Ira E. Ziporkin, Attorney, Office of the General Counsel, U.S. Dept. of Health and Human Services, of counsel), for defendant-appellee.
Before ANDERSON and KELLY, Circuit Judges, and LUNGSTRUM, District Judge.
United States Court of Appeals, Tenth Circuit.
PAUL KELLY, Jr., Circuit Judge.
Plaintiff appeals1 from a district court order granting the Secretary's motion under Fed.R.Civ.P. 60(b) to amend a prior order that mistakenly awarded plaintiff $18,159.82 in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The amendment deleted all references to the EAJA and provided, instead, that the fees were awarded pursuant to 42 U.S.C. § 406(b). Fees under...
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