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NAT. COUNCIL OF COMMUN. MENTAL H. CTRS. v. MATHEWS

Nos. 75-1335, 75-1353.

546 F.2d 1003 (1976)

NATIONAL COUNCIL OF COMMUNITY MENTAL HEALTH CENTERS, INC., et al. v. The Honorable F. David MATHEWS, Individually and as Secretary of Health, Education and Welfare, et al. Appeal of Jerome S. WAGSHAL. NATIONAL COUNCIL OF COMMUNITY MENTAL HEALTH CENTERS, INC., et al. v. The Honorable F. David MATHEWS, Individually and as Secretary of Health, Education and Welfare, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 1976.

Rehearing Denied January 13, 1977.

Attorney(s) appearing for the Case

Jerome S. Wagshal, appellee pro se, in 75-1335 and appellant pro se, in 75-1353.

Eloise E. Davies, Atty., Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D. C., were on the brief for F. David Mathews, et al.

Guy W. Shoup, New York City, for appellee, Nat. Council of Community Mental Health Centers, Inc.

Charles R. Halpern and Joseph Onek, Washington, D. C., filed a brief on behalf of council for Public Interest Law as amicus curiae.

Before TAMM, MacKINNON and ROBB, Circuit Judges.

Opinion for the Court filed by Circuit Judge TAMM.

TAMM, Circuit Judge.

This case arises out of a district court order awarding Jerome Wagshal a $65,000 attorney's fee for successfully prosecuting a claim against the Department of Health, Education and Welfare (HEW) on behalf of the National Council of Community Mental Health Centers (NCCMHC).1 The Secretary of HEW appeals from the district court's order that Wagshal's fee be paid...

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