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PERKINS v. FLEMMING

Civ. No. 306-60 T.

191 F.Supp. 137 (1961)

Marley H. PERKINS, Plaintiff, v. Arthur S. FLEMMING as Secretary of the United States Department of Health, Education and Welfare, Defendant.

United States District Court S. D. California, Central Division.

February 13, 1961.

Attorney(s) appearing for the Case

Frances O. Drummond, Los Angeles, Cal., for plaintiff.

Laughlin E. Waters, U. S. Atty. for Southern Dist. of California, by Richard A. Lavine, Asst. U. S. Atty., Chief, Civil Division, and Ralph F. Bagley, Jr., Asst. U. S. Atty., Los Angeles, Cal., for defendant Arthur S. Flemming as Secretary of the United States Department of Health, Education and Welfare.

TOLIN, District Judge.

Plaintiff brought this action under Section 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g) to review a "final decision" of the Secretary of Health, Education and Welfare. Plaintiff was not successful in his initial proceedings before the Bureau of Old-Age and Survivors Insurance. The determination of the Bureau was made upon its consideration of the documents filed with it by plaintiff.

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