HOWELL v. FLEMMING

Civ. No. 9783.

188 F.Supp. 223 (1960)

Earl R. HOWELL, Plaintiff, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare of the United States, Defendant.

United States District Court D. Oregon.

July 15, 1960.


Attorney(s) appearing for the Case

Willis, Kyle & Emmons, Albany, Or., for plaintiff.

C. E. Luckey, U. S. Atty., Robert C. Snashall, Asst. U. S. Atty., Portland, Or., for defendant.


EAST, District Judge.

The cause is before this Court pursuant to the provisions of § 205(g) of the Social Security Act (the "Act"), 42 U.S.C.A. § 405(g), in that there has been a final determination by the defendant which was adverse to the plaintiff and he now asks for a review.

The defendant has moved for a summary judgment in accordance with Rule 56(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., which problem now confronts the Court...

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