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REYES v. FLEMMING

No. 5751.

287 F.2d 735 (1961)

Aurelia REYES, Plaintiff, Appellant, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Defendant, Appellee.

United States Court of Appeals First Circuit.

March 14, 1961.

Attorney(s) appearing for the Case

Frank Torres, Ponce, P. R., for appellant.

Alan S. Rosenthal, Attorney, Washington, D. C., with whom Geo. S. Leonard, Acting Asst. Atty. Gen., Francisco A. Gil, Jr., U. S. Atty., San Juan, P. R., and Robert E. Powell, Baltimore, Md., were on brief, for appellee.

Before WOODBURY, Chief Judge, MAGRUDER, Senior Circuit Judge, and HARTIGAN, Circuit Judge.

PER CURIAM.

This is an appeal from a judgment summarily entered by the United States District Court for the District of Puerto Rico dismissing a complaint brought under § 205(g) of the Social Security Act as amended. 53 Stat. 1368, 1370 (1939), as amended, 42 U.S.C.A. § 405(g).

The basic facts are not in dispute. The plaintiff below and appellant here was born on October 15, 1892, and reached retirement sixty-two years later on October 14, 1954....

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