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FOSTER v. CELEBREZZE

No. 16866.

313 F.2d 604 (1963)

Lulu Nettie FOSTER, Appellant, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Eighth Circuit.

February 21, 1963.

Attorney(s) appearing for the Case

Allen Heald, Cedar Rapids, Iowa, for appellant. W. Howard Smith, Cedar Rapids, Iowa, was with him on the brief.

Jerry C. Straus, Atty., Dept. of Justice, Washington, D. C., for appellee. Joseph D. Guilfoyle, Acting Asst. Atty. Gen., Donald E. O'Brien, U. S. Atty., Sioux City, Iowa, and Alan S. Rosenthal and Jerry C. Straus, Attys., Dept. of Justice, Washington, D. C., were on the brief.

Before SANBORN, VAN OOSTERHOUT and MATTHES, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is a timely appeal from final judgment of the district court upholding the determination made by the Secretary of Health, Education and Welfare, that the plaintiff Lulu Nettie Foster is not entitled to old-age benefits under the Social Security Act, 42 U.S.C.A. § 401 et seq., and from the court's denial of motion to remand for further consideration and additional evidence. The plaintiff has exhausted her administrative remedies...

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