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GUTHRIE v. FLEMMING

No. 7948.

273 F.2d 491 (1959)

David V. GUTHRIE, Appellant, v. Arthur S. FLEMMING, Secretary, Department of Health, Education and Welfare, Social Security Administration, Washington, D. C., Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 30, 1959.

Attorney(s) appearing for the Case

W. W. Wharton, Harrisonburg, Va. (George R. Aldhizer, Jr., and James R. Sipe, Harrisonburg, Va., on brief), for appellant.

Jackson L. Kiser, Asst. U. S. Atty., Roanoke, Va. (John Strickler, U. S. Atty., Roanoke, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, BOREMAN, Circuit Judge, and ROSZEL C. THOMSEN, District Judge.

BOREMAN, Circuit Judge.

This appeal is from a final order entered by the District Court for the Western District of Virginia granting a motion of the Secretary of the Department of Health, Education and Welfare, Social Security Administration, for summary judgment in his favor. The proceeding in the District Court was instituted pursuant to 42 U.S.C.A. § 405(g) to review a decision of a referee and of the Appeals Council of the Social Security Administration...

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