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SIMS v. GARDNER

No. 17356.

378 F.2d 70 (1967)

Pearlie SIMS, Widow and next of kin of Alfred Sims, Plaintiff-Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

June 10, 1967.

Attorney(s) appearing for the Case

H. H. Gearinger, Chattanooga, Tenn. (Gearinger & Vineyard, Chattanooga, Tenn., on the brief), for appellant.

Morton Hollander, Atty., Dept. of Justice, Washington, D. C. (Barefoot Sanders, Asst. Atty. Gen., Jack H. Weiner, Atty., Dept. of Justice, Washington, D. C., John H. Reddy, U. S. Atty., Chattanooga, Tenn., on the brief), for appellee.

Before WEICK, Chief Judge, McCREE, Circuit Judge, and KENT, District Judge.

McCREE, Circuit Judge.

This appeal, though captioned in the name of Pearlie Sims, is actually the appeal of her attorney, who disputes the amount of the fee fixed for him by the district court under 42 U.S.C. § 406(b) (1) following his successful district court challenge of the Secretary's denial of social security disability insurance benefits to Mrs. Sims' husband. Upon the husband's death, Mrs. Sims had been substituted...

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