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NEWMAN v. CELEBREZZE

No. 107, Docket 27716.

310 F.2d 780 (1962)

Morris NEWMAN, Plaintiff-Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 23, 1962.

Attorney(s) appearing for the Case

Leonard Bailin, New York City, for plaintiff-appellant.

Anthony J. D'Auria, Asst. U. S. Atty., New York City (Vincent L. Broderick, U. S. Atty., for the Southern Dist. of New York, and Philip H. Schaeffer, Asst. U. S. Atty., New York City, on the brief), for defendant-appellee.

Before MEDINA, SMITH and KAUFMAN, Circuit Judges.

PER CURIAM.

Plaintiff sought old-age retirement benefits based upon his claim of retirement on March 15, 1959. After suspension of his payments, hearings were held and evidence submitted through January 23, 1961, resulting in a determination that plaintiff had not in fact retired and was rendering services in his prior employment and receiving compensation therefor in excess of $2,080.00 per annum, the amount at which payment...

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