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LIVINGSTON v. CALIFANO

No. 79-1563.

614 F.2d 342 (1980)

Charles LIVINGSTON, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare.

United States Court of Appeals, Third Circuit.

Decided January 11, 1980.

As Amended January 16, 1980.

Attorney(s) appearing for the Case

Jane B. Terpstra, William P. Malloy, Legal Aid Society of Mercer County, Trenton, N. J., for appellant.

Robert J. Del Tufo, U. S. Atty., Stephen D. Taylor, Asst. U. S. Atty., Newark, N. J., for appellee.

Before GIBBONS, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Charles Livingston appeals from the district court's grant of a motion for summary judgment in favor of the Secretary of Health, Education and Welfare (HEW) in his action for review of the final decision of the Secretary pursuant to section 205(g) and section 1631 of the Social Security Act.1 Mr. Livingston, on May 5, 1977, filed an application for Disability and Supplemental Security...

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