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KING v. CALIFANO

No. 78-1328.

599 F.2d 597 (1979)

William KING, the Executor of the Will of Vernie C. Reece, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 5, 1979.

Attorney(s) appearing for the Case

James H. Holloway and Lawrence Nestler, Eastern Cherokee Legal Services, Cherokee, N. C., for appellant.

Susan S. Craven, Asst. U. S. Atty., Asheville, N. C. (Harold M. Edwards, U. S. Atty., Asheville, N. C., on brief), for appellee.

Before WINTER and PHILLIPS, Circuit Judges, and ROSZEL C. THOMSEN, District Judge, sitting by designation.

PHILLIPS, Circuit Judge:

The deceased claimant Vernie C. Reece was awarded disability benefits for an ulcer and a hernia beginning July 3, 1974. When the Social Security Administration later determined that her disability had ceased, Reece sought and obtained a hearing before an administrative law judge. Benefit payments were continued upon Reece's agreement that should the determination of the Secretary be upheld, the benefits would be repaid. The administrative...

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