BLANKENSHIP v. GARDNER

Civ. A. Nos. 1086, 64-C-99-A, 65-C-45-A.

256 F.Supp. 405 (1966)

Ed BLANKENSHIP v. John W. GARDNER, Secretary of Health, Education and Welfare. Charlie J. DAVIS v. John W. GARDNER, Secretary of Health, Education and Welfare. James E. STOKES v. John W. GARDNER, Secretary of Health, Education and Welfare.

United States District Court W. D. Virginia, Abingdon Division.

July 8, 1966.


Attorney(s) appearing for the Case

Ronald W. May, Combs & May, Pikeville, Ky., W. Clyde Dennis, Grundy, Va., for plaintiff, Ed Blankenship.

James R. Moore, Abingdon, Va., for plaintiff, Charlie J. Davis.

Glen M. Williams, Jonesville, Va., for plaintiff, James E. Stokes.

William C. Breckinridge, Asst. U. S. Atty., Roanoke, Va., for defendant.


OPINION

MICHIE, District Judge.

These cases present questions as to the meaning and effect of 42 U.S.C.A. § 406(b) (Supp.1965).

On July 30, 1965 Congress amended the Social Security Act (hereinafter referred to as the Act) and in particular section 206 (42 U.S.C. § 406) (hereinafter referred to as the amendment) to provide for the establishment of attorney fees for representation before the federal courts pursuant to a proceeding for review...

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