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ANGELL v. FLEMMING

No. 8184.

291 F.2d 72 (1961)

Earl F. ANGELL, Appellant, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 19, 1961.

Attorney(s) appearing for the Case

Herbert T. Williams, III, Richmond, Va. (Williams, Sullivan & Cabell, Richmond, Va. on brief), for appellant.

Shanley Keeter, Asst. U. S. Atty., Richmond, Va. (Joseph S. Bambacus, U. S. Atty., Richmond, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and BOREMAN, Circuit Judges.

SOBELOFF, Chief Judge.

Earl F. Angell, a 70 year old salesman, brought this action in the United States District Court for the Eastern District of Virginia to review a final decision of the Secretary of Health, Education and Welfare under 42 U.S.C.A. § 405(g). Angell claimed that the Secretary was in error in determining that he was not entitled to social security benefits for the year 1956 and thus received overpayments of $1,242.00 ($103.50 per month), the...

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