Kenneth D. RODABAUGH, Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Appellee
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BEAM, Circuit Judge.
Kenneth D. Rodabaugh, M.D., appeals an order of the district court denying his application for attorney’s fees as a prevailing party under the Equal Access to Justice Act, 28 U.S.C.A. § 2412 (West Supp.1991). Dr. Rodabaugh argues that he is entitled to attorney’s fees because he obtained a temporary restraining order enjoining the Secretary of the Department of Health and Human Services from suspending him from the Medicare program and publishing notice of the suspension. We affirm.
I. BACKGROUND
On December 12, 1986, the Secretary of the Department of Health and Human…
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