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SEWELL v. CELEBREZZE

Civ. No. 818 W.D.

216 F.Supp. 192 (1963)

Edwin Lanpheare SEWELL, Plaintiff, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Defendant.

United States District Court D. South Dakota, W. D.

April 10, 1963.

Attorney(s) appearing for the Case

Whiting, Lynn, Freiberg & Shultz with Curtis D. Ireland acting, Rapid City, S. D., for plaintiff.

Harold C. Doyle, U. S. Atty., and Travis H. Lewin, Asst. U. S. Atty., Sioux Falls, S. D., for defendant.

BECK, District Judge.

This is an action under the Social Security Act, as amended, 42 U.S.C.A. for judicial review of a final decision of the Secretary, under which he pursuant to Section 404.9551 of the regulations under the Act reversed the "inferences, findings or conclusions of the Hearing Examiner" and held the plaintiff's old age benefits subject to deductions for November and December 1959 and for all of the months of 1960.

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