Legal Opinion
Melton v. Bowen
District Court, W.D. Missouri
Decided June 5, 1987No. 86-4177-CV-C-5PublishedCited by 4 opinions
1Opinion of the Court
ORDER
SCOTT 0. WRIGHT, Chief Judge.
Pending before the Court is plaintiff’s application for attorney’s fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (1985). Additionally, Attorney Karenanne Miller has filed an application for approval of attorney’s fees pursuant to 42 U.S.C. § 406(b)(1).
Under the EAJA, a “prevailing party” will be awarded attorney’s fees if the position of the United States was not “substantially justified,” unless special circumstances make the award unjust. 28 U.S.C. § 2412(d)(1)(A). Plaintiff William C. Melton clearly was the prevailing party in…
2Cases cited8 opinions
- Albert JACKSON, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1986
- Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
- United States v. 1,378.65 Acres of Land, More or Less, Situate in Vernon County, State of Missouri, and Laurance PhisterCourt of Appeals for the Eighth Circuit · 1986
- Lawrence Keasler and Keasler Body Company, Inc. v. United StatesCourt of Appeals for the Eighth Circuit · 1985
- John S. MacDonald v. Caspar W. Weinberger, Secretary of the Department of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1975
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3Cited by4 opinions
- Stanfield v. ApfelDistrict Court, E.D. Missouri · 1997
- Sullivan v. SullivanDistrict Court, W.D. Missouri · 1990
- Vanover v. ChaterDistrict Court, E.D. Missouri · 1996
- Sisk v. BowenDistrict Court, W.D. Missouri · 1988