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STRICKLAND ON BEHALF OF STRICKLAND v. SHALALA

No. 96-3569.

123 F.3d 863 (1997)

Antonia STRICKLAND, on her own behalf and on behalf of Joneisa Strickland and Brian Strickland, both minors, and on behalf of all others similarly situated; Julie Jeffers, on her own behalf and on behalf of Clarence Jeffers, III, a minor, and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 9, 1997.

Attorney(s) appearing for the Case

Gary M. Smith (argued and briefed), Southeastern Ohio Legal Services, New Philadelphia, OH, for Plaintiffs-Appellees.

William Kanter (briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Edward Himmelfarb (argued and briefed), Washington, DC, for Defendant-Appellant.

Before MARTIN, Chief Judge, NORRIS and DAUGHTREY, Circuit Judges.

BOYCE F. MARTIN, Jr., Chief Judge.

This appeal is from the district court's award of attorney fees against the Secretary of Health and Human Services under the Equal Access to Justice Act, 28 U.S.C. § 2412(b), and 42 U.S.C. § 1988. The Secretary, asserting that the fee provisions relied on by the plaintiffs and the district court are inapplicable to this case, filed a timely notice of appeal, and we now REVERSE.

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