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HYATT v. BARNHART

No. 01-2021.

315 F.3d 239 (2002)

Patrick H. HYATT; Herman O. Caudle; Mary P. Lovingood, on behalf of themselves and all others similarly situated; North Carolina Department of Human Resources, Plaintiffs-Appellees, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 2002.

Attorney(s) appearing for the Case

ARGUED: Howard Stanley Scher, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant. Douglas Stuart Sea, Cox, Gage & Sasser, Charlotte, North Carolina, for Appellees. ON BRIEF: Robert D. McCallum, Jr., Assistant Attorney General, Robert J. Conrad, Jr., United States Attorney, William Kanter, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C., for Appellant. Charles McBrayer Sasser, Cox, Gage & Sasser, Charlotte, North Carolina; John R. Wester, Anthony S. Ketron, Robinson, Bradshaw & Hinson, P.A., Charlotte, North Carolina, for Appellees.

Before WIDENER and TRAXLER, Circuit Judges, and GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge TRAXLER wrote the opinion, in which Judge WIDENER and Judge GOODWIN joined.

OPINION

TRAXLER, Circuit Judge.

In this latest chapter of the Hyatt class action litigation, the Commissioner of the Social Security Administration (the "SSA") appeals the district court's order granting plaintiffs' Seventh and Eighth motions for attorneys' fees under the Equal Access to Justice...

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