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BALLARD v. SCHWEIKER

Nos. 82-1622 to 82-1627, 82-2141 to 82-2146.

724 F.2d 1094 (1984)

Lewis BALLARD, 232-14-8469, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant. Charles COTTLE, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant. Herman C. GWINN, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant. Izola NEIGHBORS, 232-12-8098, 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. John W. BLANKENSHIP, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant. Everett A. BRAGG, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant. Junior L. DUNCAN, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant. Lawrence H. STOOTS, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant. Philip H. SWEENEY, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant. Gladstone CUNNINGHAM, 234-10-7119, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant. Beulah W. HOUCHINS, Substitute Plaintiff for Ross Houchins, Deceased, Appellee, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 12, 1984.

Attorney(s) appearing for the Case

Paige Auer Winck, Asst. U.S. Atty., Charleston, W.Va. (David A. Faber, U.S. Atty., Charleston, W.Va., on brief), for appellant.

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

Before WIDENER and SPROUSE, Circuit Judges.

SPROUSE, Circuit Judge:

This is a consolidated appeal involving fee awards granted to the attorney who successfully represented eleven claimants in black lung benefit cases, 30 U.S.C. §§ 921 and 922(a)(1), and one claimant in a social security disability benefit case, 42 U.S.C. §§ 416(i) and 423. The prevailing claimants were Lewis Ballard, Charles Cottle, Herman C. Gwinn, Izola Neighbors, John W. Dixon, John W. Blankenship, Everett A. Bragg, Junior...

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