WHITT v. CALIFANO

Nos. 77-2322, 77-2388, 77-2390, 77-2392 and 78-1172.

601 F.2d 160 (1979)

Grover Earl WHITT, Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellant. Hobert F. KISER, Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellant. Willie Oscar HACKNEY, Appellee, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Appellant. Seth ADKINS, Appellee, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Appellant. Suvera STEVENSON, Appellee, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 12, 1979.


Attorney(s) appearing for the Case

Gwenda D. Jones, Dept. of HEW, Baltimore, Md. (Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Paul R. Thomson, Jr., U. S. Atty. and E. Montgomery Tucker, Asst. U. S. Atty., Roanoke, Va., on brief), for appellant.

Matthew J. Cody, Jr., Lebanon, Va. (William J. Sturgill and Hugh P. Cline, Norton, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, BRYAN, Senior Circuit Judge, and RUSSELL, Circuit Judge.


PER CURIAM:

This is an appeal by the Secretary of Health, Education and Welfare [HEW] from the allowance by the district court of attorneys' fees to claimants' attorneys in five black lung cases.1 Because the objections of the Secretary to the allowance in all the cases are similar, the cases were consolidated on appeal. We remand for further proceedings.

The Secretary urges that it is...

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