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LEVINE v. FOLSOM

No. 16156.

268 F.2d 531 (1959)

Hannah LEVINE, Appellant, v. Marion B. FOLSOM, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Eighth Circuit.

June 30, 1959.

Attorney(s) appearing for the Case

Irving Achtenberg, Kansas City, Mo., for appellant.

Morton Hollander and William A. Montgomery, Attorneys, Department of Justice, Washington, D. C., for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and JOHNSEN, Circuit Judges.

WOODROUGH, Circuit Judge.

This case comes on for hearing on a motion filed on April 3, 1959, by the appellee Marion B. Folsom through his attorneys to vacate a judgment that was rendered in the court below and to remand the case with instructions to the District Court to dismiss the complaint on the ground that appellee, who was Secretary of Health, Education and Welfare when the action was commenced, is no longer a proper party to it in that he has been succeeded...

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