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STARR v. BOWEN

No. 86-4094.

831 F.2d 872 (1987)

Frank STARR, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of the United States Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 2, 1987.

Attorney(s) appearing for the Case

Richard L. Parish, Helena, Mont., for plaintiff-appellee.

Jeffrey C. Blair, Denver, Colo., and Carl E. Rostad, Great Falls, Mont., for defendant-appellant.

Before KENNEDY and BEEZER, Circuit Judges, and AGUILAR, District Judge.

BEEZER, Circuit Judge:

The Secretary of Health and Human Services challenges the district court's apportionment of attorney's fees out of a disability benefits award. Because we conclude that the factual findings are insufficient to support the amount granted, we vacate the district court's fee award and remand for further findings consistent with this opinion.

FACTS

Frank Starr applied for disability benefits in 1981. Although the Administrative...

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