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SQUIRES-ALLMAN v. CALLAHAN

No. 96-20616.

117 F.3d 918 (1997)

Norma J. SQUIRES-ALLMAN, Plaintiff-Appellee, v. John J. CALLAHAN, Acting Commissioner of Social Security, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 30, 1997.

Attorney(s) appearing for the Case

James Foster Andrews, Lesa A. Nickelson, Andrews & Rolnick, Houston, TX, for Plaintiff-Appellee.

Gerald Lee Meyer, Asst. U.S. Atty., Hays Burton Jenkins, Jr., Houston, TX, Marguerite Esposito Lokey, Office of the General Counsel Social Security Administration, Dallas, TX, for Defendant-Appellant.

Before JOLLY, DUHE and EMILIO M. GARZA, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The Commissioner of Social Security appeals an award of attorney's fees to Norma J. Squires-Allman. The Commissioner contends that Allman was not a prevailing party in the underlying litigation, and therefore is not entitled to collect attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). Although Allman was granted certain prospective benefits on a remand from the district court, we agree that Allman...

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