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BLACKBURN v. REICH

No. 95-1166.

79 F.3d 1375 (1996)

Paul A. BLACKBURN, Petitioner, v. Robert B. REICH, Secretary of Labor; Metric Constructors, Incorporated, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided March 26, 1996.

Attorney(s) appearing for the Case

ARGUED: William Reynolds Williams, Willcox, McLeod, Buyck & Williams, P.A., Florence, South Carolina, for Petitioner. Paul Frieden, United States Department Of Labor, Washington, D.C., for Respondents.

ON BRIEF: Thomas S. Williamson, Jr., Solicitor of Labor, Gail V. Coleman, Deputy Associate Solicitor, William J. Stone, Counsel for Appellate Litigation, United States Department Of Labor, Washington, D.C., for Respondent Secretary.

Before HALL and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Vacated and remanded by published opinion. Judge K.K. HALL wrote the majority opinion, in which Senior Judge BUTZNER joined. Judge WILLIAMS wrote a dissenting opinion.

OPINION

K.K. HALL, Circuit Judge:

Paul A. Blackburn seeks review of the Secretary of Labor's final decision that denied attorney's fees for the prosecution of a prior appeal to this court. We vacate the Secretary's decision and remand for reconsideration of Blackburn's fee petition...

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