YANG v. SHALALA

No. 93-16161.

22 F.3d 213 (1994)

Lia YANG, Plaintiff-Appellant, v. Donna E. SHALALA, HHS, Secretary, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 18, 1994.


Attorney(s) appearing for the Case

Tom Weathered, San Francisco, CA, and Judith A. Sanders, Fresno, CA, for plaintiff-appellant.

Frank W. Hunger, Asst. Atty. Gen., Richard K. Waterman and Jerry J. Bassett, U.S. Dept. of Health and Human Services, San Francisco, CA, for defendant-appellee.

Before: ALDISERT, WIGGINS, and BRUNETTI, Circuit Judges.


WIGGINS, Circuit Judge:

Lia Yang moved for attorneys' fees under the Equal Access to Justice Act (EAJA). The district court denied her motion, finding that the position of the Secretary of Health and Human Services (Secretary) was substantially justified. Yang appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse and remand.

I.

Yang was born in Laos, apparently on September 24, 1919. She is a member of the Hmong tribe, an ethnic...

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