DINGUS v. RIBICOFF

No. 647.

197 F.Supp. 956 (1961)

Frank DINGUS, Plaintiff, v. Abraham A. RIBICOFF, Secretary of Health, Education and Welfare, Defendant.

United States District Court E. D. Kentucky, Pikeville Division.

August 3, 1961.


Attorney(s) appearing for the Case

Thurman L. Hibbetts, Pikeville, Ky., for plaintiff.

Jean L. Auxier, U. S. Atty., Lexington, Ky., for defendant.


SWINFORD, District Judge.

This action was brought under Section 205(g) of the Social Security Act (42 U.S.C.A. § 405(g)) for review of what is alleged to be a final decision of the defendant.

The record is before the court on motion of the defendant to dismiss the complaint on the ground that the decision complained of is not a final decision within the meaning of the statute and, therefore, cannot be a proper subject of judicial review at this time....

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