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MODICA v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 81 C 1195.

581 F.Supp. 39 (1984)

Santo MODICA, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, E.D. New York.

March 16, 1984.

Attorney(s) appearing for the Case

Klein, Wagner & Morris, New York City (Michael G. Wagner, New York City, of counsel), for plaintiff.

Raymond J. Dearie, U.S. Atty., Brooklyn, N.Y. (Thomas McFarland, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for defendant.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

This is a motion pursuant to 42 U.S.C. 406(b)(1) for an order authorizing payment of $9,999.95 as counsel fees for the representation of plaintiff. Under that section when the court renders a judgment favorable to the claimant who was represented before the court by an attorney, the court may allow as part of the judgment a reasonable fee for such representation not in excess of 25% of the total of the past...

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