SIMS v. GARDNER

No. 4497.

255 F.Supp. 825 (1966)

Pearlie SIMS, widow and next of kin of Alfred Sims, Deceased, v. John W. GARDNER, Secretary of Health, Education & Welfare.

United States District Court E. D. Tennessee, S. D.

June 13, 1966.


Attorney(s) appearing for the Case

H. H. Gearinger, Chattanooga, Tenn., for plaintiff.

J. H. Reddy, U. S. Atty., Chattanooga, Tenn., for defendant.


MEMORANDUM

FRANK W. WILSON, District Judge.

This case is before the Court upon motion of counsel for plaintiff to make his award of attorney's fees of twenty-five per cent (25%) applicable not only to the amount of past due benefits payable to the claimant, Alfred Sims, deceased, but also to all past due benefits payable to Sims' widow and children. The defendant maintains that such award should be limited to the amount payable upon Sims' claim alone, which...

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