Martha Robinson v. Otis R. Bowen, M.D., Secretary, Department of Health and Human Services

Tenth Circuit

Martha Robinson v. Otis R. Bowen, M.D., Secretary, Department of Health and Human Services

867 F.2d 600, 1989 U.S. App. LEXIS 1893, 1988 WL 148672

Court of Appeals for the Tenth Circuit·Decided February 22, 1989·No. 88-1608·Published

Opinion

PER CURIAM.

We find that the trial court violated Rule 36.3 of the Rules of Court for the United States Court of Appeals for the Tenth Circuit in relying upon an unpublished opinion, Van Natter v. Secretary of Health, Education and Welfare, No. 79-1439, slip op. (10th Cir.1981). Notwithstanding this error, we affirm the trial court’s decision for the balance of reasons given in its opinion. 679 F.Supp. 1011 (D.Kan.1988). We cannot say that the court abused its discretion in finding that the Secretary’s position was not substantially justified for purposes of awarding attorney’s fees to the prevailing plaintiff under EAJA.

AFFIRMED.

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PER CURIAM.

We find that the trial court violated Rule 36.3 of the Rules of Court for the United States Court of Appeals for the Tenth Circuit in relying upon an unpublished opinion, Van Natter v. Secretary of Health, Education and Welfare, No. 79-1439, slip op. (10th Cir.1981). Notwithstanding this error, we affirm the trial court’s decision for the balance of reasons given in its opinion. 679 F.Supp. 1011 (D.Kan.1988). We cannot say that the court abused its discretion in finding that the Secretary’s position was not substantially justified for purposes of awarding attorney’s fees to the prevailing plaintiff under EAJA.

AFFIRMED.

Martha Robinson v. Otis R. Bowen, M.D., Secretary, Department of Health and Human Services, 867 F.2d 600, 1989 U.S. App. LEXIS 1893, 1988 WL 148672 (10th Cir. 1989).

Pincite

867 F.2d 600 (Martha Robinson v. Otis R. Bowen, M.D., Secretary, Department of Health and Human Services) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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