Getty v. Sullivan

9 F.3d 1551 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gail Harris GETTY, as Special Administrator of the Estate of George Harris; Chester Leo Smith, as Applicant for Fees, Plaintiffs-Appellants, v. Louis W. SULLIVAN, Secretary of HEALTH & HUMAN SERVICES, Defendant-Appellee. No. 93-55193. United States Court of Appeals, Ninth Circuit. Submitted Oct. 20, 1993. * Decided Oct. 29, 1993. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Gail Harris Getty, on behalf of George Harris, appeals the district court's denial of her motion for attorneys' fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (d), following the reinstatement of Harris's supplementary medical insurance coverage, which had been terminated by the Secretary of Health and Human Services ("Secretary"). The district court held that the government's position was substantially justified. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We…