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RAY v. GARDNER

Nos. 11358, 11419.

387 F.2d 162 (1967)

William F. RAY, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee. William F. RAY, Appellee, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals Fourth Circuit.

Decided December 8, 1967.

Attorney(s) appearing for the Case

Franklin W. Kern, Charleston, W. Va., for appellant in No. 11,358 and appellee in No. 11,419.

William Kanter, Attorney, Department of Justice (Carl Eardley, Acting Asst. Atty. Gen., Morton Hollander, Attorney, Dept. of Justice, and Milton J. Ferguson, U. S. Atty., on brief), for appellee in No. 11,358 and appellant in No. 11,419.

Before HAYNSWORTH, Chief Judge, MARVIN JONES, Senior Judge, and BOREMAN, Circuit Judge.

HAYNSWORTH, Chief Judge.

On cross appeals in this Social Security case we conclude that the claimant was awarded all that he was due, but we remand the case to the District Court for the redetermination of a reasonable fee for the lawyer.

In 1958, Ray, the claimant, filed an application for a period of disability pursuant to § 216(i) of the Social Security Act.1 At that time Ray was less than fifty years old and the only benefit...

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