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NAT. ASS'N OF REGIONAL MEDICAL PROGRAMS v. MATHEWS

Nos. 75-1615, 75-2001.

551 F.2d 340 (1976)

NATIONAL ASSOCIATION OF REGIONAL MEDICAL PROGRAMS, INC., et al. v. Honorable F. David MATHEWS, Individually and as Secretary of Health, Education and Welfare, et al., Appellants (two cases). Appeal of Jerome S. WAGSHAL.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 1976.

Certiorari Denied June 6, 1977.

Attorney(s) appearing for the Case

Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., Leonard Schaitman and Eloise E. Davies, Attys., Appellate Section Civil Division, Dept. of Justice, Washington, D. C., were on the brief for appellant, Secretary of Health, Education and Welfare.

Jerome S. Wagshal, Washington, D. C., was on the brief for appellees.

Before TAMM, MacKINNON, and ROBB, Circuit Judges.

Opinion for the Court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

The facts and issues of this case are closely analogous to those found in National Council of Community Mental Health Centers, Inc. v. Mathews, 178 U.S.App.D.C. 237, 546 F.2d 1003 (1976) (hereinafter NCCMHC). Two basic issues are presented here. The first concerns the district court's award of an attorney's fee out of federal grant funds...

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