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TURNER v. ASTRUE

Civil Action No. 08-391.

764 F.Supp.2d 864 (2010)

John C. TURNER, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant.

United States District Court, E.D. Kentucky, Southern Division, London.

September 14, 2010.

Attorney(s) appearing for the Case

Wolodymyr Cybriwsky , Prestonsburg, KY, for Plaintiff.

John S. Osborn, III , U.S. Attorney's Office, Lexington, KY, for Defendant.

MEMORANDUM OPINION AND ORDER

AMUL R. THAPAR, District Judge.

This case boils down to one issue: Has the plaintiff, John Turner, "incurred" attorney's fees within the meaning of the Equal Access to Justice Act even though he is not yet contractually obligated to pay his attorney? He has not. Therefore, Turner's motion for attorney's fees, R. 21, is denied.

BACKGROUND

On October 9, 2009, 2009 WL 3270216, the Court reversed a finding by the...

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