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MILTON v. SHALALA

Nos. 93-3096, 93-3139 Summary Calendar.

17 F.3d 812 (1994)

Jerry MILTON, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant-Appellee. Hopsey READO, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 5, 1994.

Attorney(s) appearing for the Case

Jacqueline N. Strachan, Capital Area Legal Services Corp., Baton Rouge, LA, for plaintiff-appellant.

Joseph Liken, Office of General Counsel, Dept. of Health and Human Services, Dallas, TX, Lymon Thornton, III, Asst. U.S. Atty., Raymond Lamonica, U.S. Atty., Baton Rouge, LA, for defendant-appellee.

Before DAVIS, JONES, and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

Jerry Milton and Hopsey Reado appeal from the judgments of the district court denying their petitions for attorneys' fees under the Equal Access to Justice Act ("EAJA"). 28 U.S.C.A. § 2412(d) (West Supp.1993). Agreeing with the magistrate judge and the district judges that Appellants are not prevailing parties for purposes of EAJA, we affirm.

While Appellants were seeking judicial review of denial of their social security disability...

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