Legal Opinion

Wilderson v. Sullivan

District Court, D. Colorado

Decided January 9, 1992No. Civ. A. 91-K-1340Published

1Opinion of the Court

ORDER ON MOTION FOR ATTORNEY FEES

KANE, Senior District Judge.

Plaintiff Ralph Wilderson commenced this action on August 5, 1991, seeking a writ of mandamus to compel the Secretary to issue a decision on his application for disability benefits. On August 28, 1991, the Secretary issued a decision favorable to Wilderson, awarding him benefits. Wilder-son moved for an award of attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), on October 25, 1991. The Secretary has opposed the motion, contending that Wilderson was not a “prevailing party” as required by the Act and that he…

2Cases cited8 opinions

Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
Marie Lucie Jean v. Alan C. NelsonCourt of Appeals for the Eleventh Circuit · 1988
Inez Martin, Henri Mae King v. Margaret HecklerCourt of Appeals for the Eleventh Circuit · 1985
Jose R. Montes Eduardo Castro Juan A. Monterrosa v. Richard L. Thornburgh Roy DanielCourt of Appeals for the Ninth Circuit · 1990
Public Citizen Health Research Group v. Dr. Frank Young, Commissioner, Food and Drug AdministrationCourt of Appeals for the D.C. Circuit · 1990

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