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BROWN v. GARDNER

No. 11354.

387 F.2d 345 (1967)

Elery Erigen BROWN, Appellee, v. John W. GARDNER, Secretary of Health, Education, and Welfare, Appellant.

United States Court of Appeals Fourth Circuit.

Decided December 7, 1967.

Attorney(s) appearing for the Case

Barefoot Sanders, Asst. Atty. Gen., Morton Hollander and Jack H. Weiner, Attys., Dept. of Justice, and Milton J. Ferguson, U. S. Atty., on the brief for appellant.

Ned H. Ragland, Beckley, W. Va., on the brief for appellee.

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

HAYNSWORTH, Chief Judge:

We affirm the District Court's allowance of an attorney's fee in this Social Security case upon the assumption that it included, and was not entirely in addition to, a fee previously allowed by the Secretary and upon the lawyer's disclaimer of any right to collect both.

After an administrative denial of a claim for disability benefits, a proceeding was brought in the District Court, which concluded in an acceptance of the Secretary...

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