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HOUSE v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 1193, Docket 82-6034.

688 F.2d 7 (1982)

Arthur HOUSE, Plaintiff-Appellant, and John S. Hogg, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 30, 1982.

Attorney(s) appearing for the Case

John S. Hogg, Hamilton, N. Y., pro se and for plaintiff-appellant.

George H. Lowe, U. S. Atty., N. D. N. Y., Syracuse, N. Y. (Gustave J. Dibianco, Syracuse, N. Y., of counsel), for defendant-appellee.

Before MANSFIELD, MESKILL, Circuit Judges, and PRATT, Circuit Judge.

GEORGE C. PRATT, Circuit Judge.

This appeal raises the issue of whether the Secretary of Health and Human Services may use Rule 60(b)(6) of the Federal Rules of Civil Procedure as a vehicle to set aside and reduce an award of attorney's fees made in a social security case pursuant to 42 U.S.C. § 406(b). The United States District Court for the Northern District of New York, Howard G. Munson, Chief Judge, held that Rule 60(b)(6) provided an appropriate procedure...

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