Legal Opinion

Kenneth D. RODABAUGH, Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Appellee

Court of Appeals for the Eighth Circuit

Decided September 3, 1991No. 90-2009PublishedCited by 13 opinions

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…

2Cases cited11 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Weinberger v. SalfiSupreme Court of the United States · 1975
  3. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  4. Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 1978
  5. Hewitt v. HelmsSupreme Court of the United States · 1987

6 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Delores Johnson v. Bismarck Public School DistrictCourt of Appeals for the Eighth Circuit · 1991
  2. Fortes v. HardingDistrict Court, M.D. Pennsylvania · 1998
  3. Krempel v. Prairie Island Indian CommunityCourt of Appeals for the Eighth Circuit · 1997
  4. In Re: Arlene Otis, Arlene Otis v. Kenneth S. Apfel, Commissioner of Social SecurityCourt of Appeals for the Eighth Circuit · 2000
  5. Robert Lee Rowden v. Janice L. WardenCourt of Appeals for the Eighth Circuit · 1996

8 more not listed; retrieve them via the Exa API.

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