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Duke v. Gardner

Van R. DUKE v. John W. GARDNER, Secretary of Department of Health, Education and Welfare

Duke v. Gardner, 264 F. Supp. 187 (N.D. Ga. 1967)
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Court
District Court, N.D. Georgia · Federal District Courts
Decided
January 16, 1967
Docket
No. 10197
Judges
Morgan
Citations
264 F. Supp. 187

Opinion of the Court — Morgan

Text extracted by OCR from a scanned original; check the original for exact wording.

MORGAN, Chief Judge.

' The attorney for the plaintiff in the above case has filed a motion for summary judgment and has applied to the Court for allowance of attorney’s fees.

The instant case was brought in this Court pursuant to Title 42, U.S.C.A. § 405 (g) and Title 42, U.S.C.A. 406(b) (1) for review of a decision of the Secretary of the Department of Health, Education and Welfare. Upon the motion of the Secretary, the case was remanded to the Secretary for further consideration.

Upon remand, an award was made in the plaintiff’s favor. Thus, no judgment was made by the Court, and therefore Title 42, U.S.C.A. § 406 (b) (1) regarding attorney’s fees in cases where court action results in a favorable decision for the claimant is not applicable.

The proper form of relief for the plaintiff’s attorney is through application to the Secretary for attorney’s fees. Until such remedy is sought, the Court will not rule on the matter. See Haley v. Gardner, 259 F.Supp. 30 (D.C., 1966).

Thus, the plaintiff’s motion is denied.

It is so ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1970: 11972: 11978: 11996: 12005: 119702026peak 1970 · 1

Relies on it most ⓘ

  1. Glendal B. Webb v. Elliot L. Richardson472 F.2d 529 (6th Cir. 1972)
  2. Anderson v. Century Products Co.943 F. Supp. 137 (D.N.H. 1996)
  3. McGraw v. Barnhart370 F. Supp. 2d 1141 (N.D. Okla. 2005)
  4. Davis v. Secretary of Health, Education & Welfare of the United States320 F. Supp. 1293 (N.D. Miss. 1970)
  5. Caldwell v. Califano455 F. Supp. 1069 (N.D. Ala. 1978)

Most recent

  1. McGraw v. Barnhart370 F. Supp. 2d 1141 (N.D. Okla. 2005)
  2. Anderson v. Century Products Co.943 F. Supp. 137 (D.N.H. 1996)
  3. Caldwell v. Califano455 F. Supp. 1069 (N.D. Ala. 1978)
  4. Glendal B. Webb v. Elliot L. Richardson472 F.2d 529 (6th Cir. 1972)
  5. Davis v. Secretary of Health, Education & Welfare of the United States320 F. Supp. 1293 (N.D. Miss. 1970)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Haley v. Gardner, 259 F. Supp. 30 (N.D. Okla. 1966) 6

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