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MINTON v. CELEBREZZE

Nos. 14038, 14039.

318 F.2d 429 (1963)

Jasper E. MINTON, Plaintiff-Appellant, v. Anthony J. CELEBREZZE, as Secretary of Health, Education, and Welfare, Defendant-Appellee. Mary MINTON, by Jasper E. Minton, Special Administrator of the Estate of Mary Minton, Plaintiff-Appellant, v. Anthony J. CELEBREZZE, as Secretary of Health, Education, and Welfare, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

June 13, 1963.

Attorney(s) appearing for the Case

Robert P. Schwinn, Minneapolis, Minn., for appellant.

Morton Hollander, Chief, Appellate Section, Sherman L. Cohn, Attorney, U. S. Department of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Nathan S. Heffernan, U. S. Atty., Lawrence R. Schneider, Attorney, Department of Justice, Washington, D. C., for appellee.

Before HASTINGS, Chief Judge, and KNOCH and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

Plaintiffs-appellants, Jasper E. Minton and the estate of his deceased wife, Mary Minton, brought separate actions in the District Court pursuant to Section 205 (g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), to review the decisions of the Secretary of Health, Education and Welfare that the old-age insurance benefits payable to Jasper E. Minton and the wife's insurance benefits payable to his spouse were subject to overpayment...

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