CLOYD v. WEINBERGER

No. 75-1522.

527 F.2d 1167 (1975)

Nelle CLOYD, Plaintiff-Appellee, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Order on Motion to Tax Costs January 20, 1976.


Attorney(s) appearing for the Case

George J. Long, U. S. Atty., Louisville, Ky., William Kanter, Mark N. Mutterperl, Appellate Section, Civil Div., Dept. of Justice, Washington, D. C., for defendant-appellant.

Robert G. Hunt, King, Deep & Branaman, Henderson, Ky., for plaintiff-appellee.

Before PECK, McCREE and MILLER, Circuit Judges.


ORDER

This is an appeal by the Secretary of Health, Education and Welfare from the district court's order allowing an attorney fee of $1028.60 for claimant's attorney.

Section 206(b)(1) of the Social Security Act, 42 U.S.C. § 406(b)(1) provides that: "Whenever a court renders a judgment favorable to a claimant . . . the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the...

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