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McKITTRICK v. GARDNER

Nos. 11192, 11214.

378 F.2d 872 (1967)

James F. McKITTRICK, Appellee, v. John W. GARDNER, Secretary of the Department of Health, Education and Welfare, Appellant. Maggie L. CROUCH, Appellee, v. John W. GARDNER, Secretary of the Department of Health, Education and Welfare, Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 30, 1967.

Attorney(s) appearing for the Case

Morton Hollander, Atty., Department of Justice (Kathryn H. Baldwin, Jack H. Weiner and William Kanter, Attys., Dept. of Justice, on motion) for appellant.

W. H. Nicholson, Jr., Greenwood, S. C., for appellee McKittrick.

Kenneth L. Holland, Camden, S. C., for appellee Crouch.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and WINTER, Circuit Judges.

HAYNSWORTH, Chief Judge:

In each of these cases, the Secretary objects to a routine allowance of attorney fees to lawyers representing claimants to social security benefits. In each instance the claimant prevailed in the District Court, and the Secretary does not question the lawyers' entitlement to reasonable fees. He complains only of the controlling significance given to contingent fee contracts in fixing the fees.

In the Crouch case, the District Court...

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