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SWEDISH HOSP. CORP. v. SHALALA

Nos. 92-5061, 92-5155.

1 F.3d 1261 (1993)

SWEDISH HOSPITAL CORPORATION, et al., Appellants, v. Donna E. SHALALA, Secretary of Health and Human Services. SWEDISH HOSPITAL CORPORATION, et al. v. Donna E. SHALALA, Secretary of Health and Human Services, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 10, 1993.

Attorney(s) appearing for the Case

J. Mark Waxman, Los Angeles, CA, of the bar of the Supreme Court of California, pro hac vice, by special leave of Court, argued the cause for appellant/cross-appellee. With him on the brief were Margaret M. Manning and Robert A. Klein, Los Angeles, CA.

Frank A. Rosenfeld, Attorney, U.S. Dept. of Justice, Washington, DC, argued the cause for appellee/cross-appellant. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty. at the time the brief was filed, and William Kanter, Attorney, U.S. Dept. of Justice. John D. Bates, R. Craig Lawrence, and Susanne Marie Lee, Asst. U.S. Attys., Washington, DC, also entered appearances for appellee/cross-appellant.

Before: D.H. GINSBURG, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Separate opinion concurring in part and dissenting in part filed by Circuit Judge D.H. GINSBURG.

SENTELLE, Circuit Judge:

This appeal raises important questions about the reasonable calculation of contingent counsel fees in class actions resulting in the creation of a common fund payable to plaintiffs. We hold that the proper measure of such fees in a common...

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