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ALLEN v. UNITED STATES

Nos. 78-1513 to 78-1516.

606 F.2d 432 (1979)

Raleigh H. ALLEN, III, et al., Appellees, v. UNITED STATES of America et al., Appellants. James A. CARINI et al., Appellees, v. UNITED STATES of America et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1979.

Attorney(s) appearing for the Case

Linda M. Cole, Dept. of Justice, Civ. Div., App. Staff, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., William B. Cummings, U. S. Atty., Alexandria, Va., Robert E. Kopp, Dept. of Justice, Civ. Div., App. Staff, Washington, D. C., on brief), for appellants.

James E. Bradberry and D. Wayne Moore, Moore, Weaver, Moore & Bradberry, Newport News, Va. (George H. Mahler, Virginia Beach, Va., on brief), for appellees.

Before WINTER, BUTZNER and PHILLIPS, Circuit Judges.

BUTZNER, Circuit Judge:

In these consolidated appeals, the United States challenges the legality of fees allowed attorneys in two related cases. We conclude that the district court had jurisdiction to award reasonable fees. Because the record does not sustain the awards, we vacate them and remand for further proceedings.

I

The appeals arise from two suits brought by servicemen who were denied the Variable Reenlistment Bonus provided by Pub.L.No....

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