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PAPPAS v. BOWEN

No. 230, Docket 88-6139.

863 F.2d 227 (1988)

John PAPPAS, Richard Stehr, Individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 8, 1988.

Attorney(s) appearing for the Case

Bruce H. Nims, Sp. Asst. U.S. Atty. (Andrew J. Maloney, U.S. Atty., E.D. of New York, of counsel), for appellant.

Victor Fusco, Hempstead, N.Y. (Scheine, Fusco, Brandenstein & Rada, P.C., of counsel), for appellee-Pappas.

Ira S. Schneider, Hempstead, N.Y., for appellee-Stehr.

Before OAKES, MINER and ALTIMARI, Circuit Judges.

MINER, Circuit Judge:

The Secretary of the United States Department of Health and Human Services (the "Secretary") appeals from an order of the United States District Court for the Eastern District of New York (Korman, J.) remanding plaintiffs' action to the Secretary with specific instructions for calculation of attorney's fees pursuant to 42 U.S.C. § 406 (1982). The Secretary had determined that plaintiffs Pappas and Stehr were entitled to retroactive benefits...

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