OJEDA v. HACKNEY

No. 71-1669.

452 F.2d 947 (1972)

Ramona OJEDA et al., Plaintiffs, v. Burton G. HACKNEY, Commissioner of Public Welfare of the State of Texas, Defendant-Appellee, R. M. Helton, Appellant.

United States Court of Appeals, Fifth Circuit.

January 5, 1972.


Attorney(s) appearing for the Case

Robert M. Helton, of Short & Helton, Wichita Falls, Tex., pro se.

Pat Bailey, Exec. Asst. Atty. Gen., State of Texas, Crawford C. Martin, Atty. Gen. of Texas, Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., J. C. Davis, Asst. Atty. Gen., Austin, Tex., for defendant-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


PER CURIAM:

The only issue raised in the present appeal is the propriety of the district court's denial of fees to the appellant attorney for successfully litigating a class action suit which obtained for the class an adjudication that benefits due under the welfare laws of the State of Texas had been erroneously withheld.

The question of the attorney's right to recover fees was posed to the court below solely in...

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