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ROBINSON v. GARDNER

Nos. 10407, 10546.

374 F.2d 949 (1967)

Ethelle B. ROBINSON, Appellee, v. John W. GARDNER, Secretary, Department of Health, Education, and Welfare, Appellant (two cases).

United States Court of Appeals Fourth Circuit.

Decided March 7, 1967.

Attorney(s) appearing for the Case

William Kanter, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., Kathryn H. Baldwin, Atty., Dept. of Justice, and John C. Williams, U. S. Atty., on brief), for appellant.

John Beasley, Greenwood, S. C., for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and CRAVEN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

Fees of 50% of past-due Social Security payments, 42 U.S.C. § 402 et seq., owing to Ethelle B. Robinson were allowed to her attorney by the District Court on September 10, 1965 on her petition in her action for recovery of such benefits. The Secretary of Health, Education and Welfare appeals.

Appellant's point is that as the award indisputably comprehended not only counsel's services in the suit but also those at the administrative...

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