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HOBBY v. HODGES

No. 4818.

215 F.2d 754 (1954)

Oveta Culp HOBBY, Secretary of Department of Health, Education and Welfare, Appellant, v. Joseph HODGES, Appellee.

United States Court of Appeals Tenth Circuit.

September 30, 1954.

Attorney(s) appearing for the Case

John J. Cound, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., A. Pratt Kesler, U. S. Atty., Salt Lake City, Utah, and Paul A. Sweeney, Department of Justice, Washington, D. C., were with him on the brief), for appellant.

Charles P. Olson, Logan, Utah (Bullen & Olson, Logan, Utah, was with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

Joseph Hodges brought this action for a review of an order entered by the Appeals Council of the Social Security Administration dismissing his request for a hearing on the determination of benefits which he claimed were due him under Subchapter II of the Social Security Act, 42 U.S.C.A. § 401 et seq. In substance the complaint alleges that Hodges filed an application with the Federal Security Agency for benefits under the Act beginning...

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