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HOLT v. SHALALA

No. 92-36707.

35 F.3d 376 (1994)

Virginia L. HOLT, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 23, 1994.

As Amended on Grant of Rehearing November 18, 1994.

Attorney(s) appearing for the Case

E. Roy Hawkins, U.S. Dept. of Justice, Washington, DC, for defendant-appellant.

Drew L. Johnson, Johnson, Cram & Associates, Eugene, OR, for plaintiff-appellee.

Before: GOODWIN, SCHROEDER and NORRIS, Circuit Judges.

SCHROEDER, Circuit Judge:

The government appeals a district court order granting attorney's fees under the Equal Access to Justice Act ("EAJA") in a Social Security benefits case. The only issue is whether the district court correctly exercised jurisdiction over Virginia Holt's EAJA petition. The merits of the fee application are not disputed. We hold that the court had jurisdiction to consider the petition, because the Supreme Court's decision in Shalala v. Schaefer...

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