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CONNER v. GARDNER

No. 11136.

381 F.2d 497 (1967)

William Alvin CONNER, Appellee, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals Fourth Circuit.

Decided July 25, 1967.

Attorney(s) appearing for the Case

Morton Hollander, Attorney, Department of Justice (Barefoot Sanders, Asst. Atty. Gen., and William Kanter, Attorney, Department of Justice, and Thomas B. Mason, U. S. Atty., on brief), for appellant.

Ralph Masinter, Roanoke, Va., for appellee.

Before BOREMAN, WINTER and CRAVEN, Circuit Judges.

BOREMAN, Circuit Judge:

The sole question on this appeal is whether an attorney who represented an allegedly disabled person in seeking review in the District Court of the denial of Social Security benefits by the Secretary of Health, Education and Welfare may be awarded a counsel fee by that court where no judgment has been entered specifically awarding benefits but the case is remanded to the Secretary who, after a hearing on new evidence, awards benefits and an...

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