Martha Robinson v. Otis R. Bowen, M.D., Secretary, Department of Health and Human Services
U.S. Court of Appeals for the Tenth Circuit
Martha Robinson v. Otis R. Bowen, M.D., Secretary, Department of Health and Human Services, 867 F.2d 600 (10th Cir. 1989)
1989 U.S. App. LEXIS 1893; 1988 WL 148672
Martha Robinson v. Otis R. Bowen, M.D., Secretary, Department of Health and Human Services
Opinion
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Rule 36.3 of the Rules of Court for the United States Court of Appeals for the Tenth Circuit in relying upon an unpublished opinion, Van Natter v. Secretary of Health, Education and Welfare, No. 79-1439, slip op.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.
Reference
- Full Case Name
- Martha ROBINSON, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary, Department of Health and Human Services, Defendant-Appellant
- Status
- Published