BLANKENSHIP v. SCHWEIKER

Nos. 80-1019, 81-1752, 81-1777 and 81-1843.

676 F.2d 116 (1982)

John W. BLANKENSHIP, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant. John W. DIXON, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant. Lewis BALLARD, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant. Izola NEIGHBORS, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 15, 1982.


Attorney(s) appearing for the Case

Michael E. Winck, Asst. U. S. Atty., Charleston, W. Va. (Wayne A. Rich, Jr., U. S. Atty., Charleston, W. Va., on brief), for appellant.

Brown H. Payne, Charleston, W. Va., for appellees.

Before HAYNSWORTH, Senior Circuit Judge, and PHILLIPS and ERVIN, Circuit Judges.


ERVIN, Circuit Judge:

This action involves four cases consolidated for the purpose of appeal. In each instance the Secretary of The Department of Health and Human Services (Secretary) is challenging the award of attorney's fees by the district court in a black lung disability case. Because the district court did not articulate its reasons for the amount of fees it granted, we vacate the attorney fee awards and remand for specific delineations of the reasons for future...

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