Legal Opinion

George L. Barry v. Otis R. Bowen, Secretary of Health and Human Services

Court of Appeals for the Ninth Circuit

Decided August 31, 1989No. 88-15039PublishedCited by 27 opinions

1Opinion of the Court

OPINION

SNEED, Circuit Judge:

The Secretary of Health & Human Services (HHS) appeals the district court’s finding of contempt and imposition of attorney’s fees for failing to pay plaintiff counsel’s Equal Access to Justice Act (EAJA) fees within thirty days. We reverse.

I

FACTS AND PROCEEDINGS BELOW

This suit arises from a successful challenge by plaintiff to a policy whereby the Secretary reviewed all decisions made by certain Administrative Law Judges that were favorable to claimants. See Barry v. Heckler, 620 F.Supp. 779 (N.D.Cal.1985). In addition, the district court awarded plaintiff’s…

2Cases cited11 opinions

  1. United States v. MitchellSupreme Court of the United States · 1983
  2. Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
  3. United States v. National Medical Enterprises, Inc., and Nme Hospitals, Inc., DefendantsCourt of Appeals for the Ninth Circuit · 1986
  4. George L. Barry v. Otis R. BowenCourt of Appeals for the Ninth Circuit · 1987
  5. General Signal Corporation v. Donallco, Inc.Court of Appeals for the Ninth Circuit · 1986

6 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. United States v. Richard A. HornCourt of Appeals for the First Circuit · 1994
  2. Coleman v. EspyCourt of Appeals for the Eighth Circuit · 1993
  3. In Re Samuel Derek Graham and Suzanne Genett Graham, Debtors. Samuel Derek Graham and Suzanne Genett Graham v. United StatesCourt of Appeals for the Tenth Circuit · 1992
  4. M.A. Mortenson Company v. The United StatesCourt of Appeals for the Federal Circuit · 1993
  5. United States v. SteinDistrict Court, S.D. New York · 2006

22 more not listed; retrieve them via the Exa API.

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