BINDER & BINDER PC v. BARNHART

Docket No. 03-6191.

399 F.3d 128 (2005)

BINDER & BINDER PC, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 17, 2005.


Attorney(s) appearing for the Case

Jeffrey Herzberg, Smithtown, N.Y. (Zinker, Gelfand & Herzberg, Smithtown, NY, of counsel), for Appellant.

Vincent Lipari, Assistant United States Attorney, Eastern District of New York, Central Islip, N.Y. (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Varuni Nelson, Kathleen A. Mahoney, Assistant United States Attorneys, Eastern District of New York, Central Islip, NY, of counsel), for Appellee.

Before: MESKILL, MINER and KATZMANN, Circuit Judges.


MESKILL, Circuit Judge.

This appeal from the United States District Court for the Eastern District of New York, Platt, J., ostensibly concerns whether the law firm of Binder & Binder P.C. is entitled to $1,200 in attorney's fees that it earned representing a Social Security claimant or whether Binder's recovery is barred by the claimant's subsequent bankruptcy. Because we have serious questions about the source of federal jurisdiction over this case, however...

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