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FENIX v. FINCH

No. 19679.

436 F.2d 831 (1971)

Frank G. FENIX and Jessie P. Fenix, Appellees, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Eighth Circuit.

January 19, 1971.

Attorney(s) appearing for the Case

Norman Knopf, Atty., U. S. Department of Justice, Washington, D. C., William D. Ruckelshaus, Asst. Atty. Gen., Calvin K. Hamilton, U. S. Atty., Kathryn H. Baldwin, Atty., Department of Justice, Washington, D. C., for appellant.

Malcolm Robertson, Joplin, Mo., Karl W. Blanchard, Blanchard, Van Fleet & Robertson, Joplin, Mo., of counsel, for appellees.

Before BLACKMUN, MEHAFFY and LAY, Circuit Judges.

MEHAFFY, Circuit Judge.

The Secretary of Health, Education and Welfare appeals from an award of attorneys' fees ordered by the district court in a social security case. The Secretary charges that the amount of the award is controlled by and is violative of 42 U.S.C. § 406(b), which limits the maximum attorneys' fees which may be awarded by the district court to twenty-five per cent of the past-due social security benefits recovered as a result of court proceedings...

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