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ROYZER v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 89-1631.

900 F.2d 981 (1990)

Joseph J. ROYZER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 16, 1990.

Attorney(s) appearing for the Case

Gerald Benjamin (argued), Levine, Benjamin, Tushman, Bratt, Jerris & Stein, Southfield, Mich., for plaintiff-appellant.

Donna Morros Weinstein, Chief Counsel, Robert Hanson (argued), Dept. of Health and Human Services, Office of the Gen. Counsel, Region V, Chicago, Ill., and Peter A. Caplan, Asst. U.S. Atty., Office of the U.S. Atty., Detroit, Mich., for defendant-appellee.

Before KENNEDY and GUY, Circuit Judges, and ENGEL, Senior Circuit Judge.

RALPH B. GUY, Jr., Circuit Judge.

Claimant's counsel, Gerald Benjamin, appeals from a reduction in the attorney's fee he claimed after successfully representing claimant in a social security disability benefits claim. The district judge found the hourly rate to be "higher than is justified" and the hours expended to be "more than reasonably necessary." In the district court, the Secretary did not oppose this fee request, but on appeal has filed a brief in support...

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