Legal Opinion
Irvin E. SWEDBERG, Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellant
Court of Appeals for the Eighth Circuit
Decided October 27, 1986No. 86-5112PublishedCited by 63 opinions
1Opinion of the Court
HENLEY, Senior Circuit Judge.
This case raises the question of whether appellee Irvin E. Swedberg is entitled to recover attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Appellant Otis R. Bowen, M.D., Secretary of Health and Human Services, contends on this appeal that the district court erroneously concluded that appellee was a prevailing party in ordering an award of attorney’s fees. Alternatively, appellant contends the government’s position was substantially justified. We reverse.
On April 3, 1980 appellee applied for a period of disability and disability…
2Cases cited3 opinions
- Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
- Benerethia McGill v. Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1983
- Griffen COOK, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
3Cited by63 opinions
- Sullivan v. HudsonSupreme Court of the United States · 1989
- Anthony BROUWERS, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1987
- Stanfield v. ApfelDistrict Court, E.D. Missouri · 1997
- Waterman Steamship Corporation v. Maritime Subsidy Board, Farrell Lines, Incorporated v. James H. Burnley, IVCourt of Appeals for the D.C. Circuit · 1990
- Mary KOSS, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1993
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