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FOLSOM v. McDONALD

No. 7227.

237 F.2d 380 (1956)

Marion B. FOLSOM, Secretary of Health, Education and Welfare, Appellant, v. Eva G. McDONALD, next friend and guardian ad litem of Annie Ruth McDonald, a child, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 10, 1956.

Attorney(s) appearing for the Case

Melvin Richter, Atty., Dept of Justice, Washington, D. C. (George Cochran Doub, Asst. Atty. Gen., and Julian T. Gaskill, U. S. Atty., Goldsboro, N. C., on the brief), for appellant.

Wright T. Dixon, Jr., Raleigh, N. C., for appellee.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and BRYAN, District Judge.

PER CURIAM.

This is an appeal by the United States from an order allowing attorneys' fee from an amount determined to be due an infant plaintiff suing by a guardian ad litem with respect to social security benefits. No judgment for such fees was rendered against the United States and no question is raised with respect to the amount of the fees ordered to be paid from the sum awarded plaintiff. The government is not appealing from the judgment in favor of the plaintiff...

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