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HOPKINS v. GARDNER

No. 15724.

374 F.2d 726 (1967)

Raymond HOPKINS, Plaintiff-Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied April 21, 1967.

Attorney(s) appearing for the Case

Allen Sharp, Williamsport, Ind., for appellant.

Alfred W. Moellering, U. S. Atty., Fort Wayne, Ind., William Kanter, Kathryn H. Baldwin, Dept. of Justice, J. William Doolittle, Acting Asst. Atty. Gen., Washington, D. C., for appellee.

Before HASTINGS, Chief Judge, and FAIRCHILD and CUMMINGS, Circuit Judges.

Rehearing Denied April 21, 1967 en banc.

FAIRCHILD, Circuit Judge.

This appeal, brought in reality by attorney Allen Sharp, involves Sharp's claim that the district court erroneously limited his fee for services in an action to review an administrative decision suspending insurance benefits under the social security act. The problem is the construction of a statute, enacted in 1965, authorizing the court to allow a reasonable attorney's fee where, in such...

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