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GRAY v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 91-55380.

3 F.3d 1584 (1993)

Edward E. GRAY, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 13, 1993.

Attorney(s) appearing for the Case

Steven L. Whiteside, Santa Barbara, CA, for plaintiff-appellant.

Michael R. Power, Asst. Regional Counsel, Dept. of Health and Human Services, San Francisco, CA, for defendant-appellee.

Before: TANG, SCHROEDER, and BEEZER, Circuit Judges.

ORDER

Our decision on the motion for rehearing was withheld pending the decision of the United States Supreme Court in Shalala v. Schaefer, ___ U.S. ___, 113 S.Ct. 2625, 125 L.Ed.2d 239 (June 24, 1993). In that case the Supreme Court held that the social security claimant should file for attorney's fees after a judgment is entered remanding a case under sentence four of 42 U.S.C. § 405. However, the Court went on to rule that the attorney's fee application...

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