WILEY v. FLEMMING

Civ. No. 60-327.

198 F.Supp. 705 (1961)

Frank W. WILEY, Plaintiff, v. Arthur S. FLEMMING (Substituted by The Honorable Abraham A. Ribicoff), Secretary of Health, Education, and Welfare, Defendant.

United States District Court D. Oregon.

September 15, 1961.


Attorney(s) appearing for the Case

Jack L. Kennedy, Evans & Kennedy, Portland, Or., for plaintiff.

Edward J. Georgeff, Asst. U. S. Atty., Portland, Or., for defendant.


EAST, District Judge.

This matter is before the Court on defendant's motion for summary judgment under Rule 56(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. Jurisdiction is based upon § 205(g) of the Social Security Act (42 U.S.C.A. § 405 (g)), which provides that "The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Secretary, with or without remanding...

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