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HAYES v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 89-3984.

923 F.2d 418 (1990)

Edna L. HAYES, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 10, 1990.

Rehearing Granted and Opinion Clarified January 23, 1991.

Attorney(s) appearing for the Case

John A. Cervay (argued), Dayton, Ohio, for plaintiff-appellant.

George Jackiw, Dept. of Health and Human Services, Office of the General Counsel, Region V, Chicago, Ill., Joseph E. Kane, Asst. U.S. Atty., James E. Rattan, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Columbus, Ohio, for defendant-appellee.

Before KENNEDY and BOGGS, Circuit Judges; and TIMBERS, Senior Circuit Judge.

BOGGS, Circuit Judge.

This appeal is brought by John A. Cervay, counsel for successful social security claimant Edna L. Hayes. The district court denied Cervay his full 25% contingency fee, finding that it "represents a windfall." This case involves an interpretation of our decision in Rodriquez v. Bowen, 865 F.2d 739, 746 (6th Cir.1989) (en banc), which established a rebuttable presumption that an attorney would receive the...

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