Civ. No. 301.

200 F.Supp. 697 (1961)

Lewis G. BRANNON, Plaintiff, v. Abraham RIBICOFF, Secretary of Health, Education and Welfare, Defendant.

United States District Court D. Montana, Billings Division.

December 28, 1961.

Attorney(s) appearing for the Case

Robert E. Hendrickson, Billings, Mont., for plaintiff.

Moody Brickett, U. S. Atty., Butte, Mont., and Richmond F. Allan, Asst. U. S. Atty., Billings, Mont., for defendant.

JAMESON, District Judge.

This is an action brought 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. Both parties have moved for summary judgment, and the case is before the court upon the pleadings, the briefs of the parties, and a certified copy of the transcript of the record.

Plaintiff, Lewis G. Brannon, who has an insured status under...


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