HAMILTON v. N.E. KANSAS HEALTH SYSTEMS AGENCY

No. 80-2161.

701 F.2d 860 (1983)

Jan M. HAMILTON, Plaintiff-Appellee, v. NORTHEAST KANSAS HEALTH SYSTEMS AGENCY, INC., Defendant and United States of America, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 3, 1983.


Attorney(s) appearing for the Case

Jan M. Hamilton of Hamilton, Peterson, Tipton & Muxlow, Topeka, Kan., for plaintiff-appellee.

Jim J. Marquez, U.S. Atty., and Mary K. Briscoe, Asst. U.S. Atty., D. Kansas, Topeka, Kan., for U.S., defendant-appellant.

Before SETH, Chief Judge, and McWILLIAMS and McKAY, Circuit Judges.


McWILLIAMS, Circuit Judge.

This case arises from a district court order awarding Jan Hamilton a $5,000 attorney's fee for prosecuting a claim against the Department of Health, Education, and Welfare (HEW) on behalf of Northeast Kansas Health Systems Agency, Inc. (NKHSA). The order directs that the attorney's fee be paid from certain federal grant funds. We find that the attorney's fee may not be paid out of the federal grant funds and therefore reverse the judgment...

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