STARACE v. CELEBREZZE

Civ. A. No. 63-639.

233 F.Supp. 452 (1964)

Viola M. STARACE, Plaintiff, v. Anthony J. CELEBREZZE, Secretary of Health, Education and Welfare of the United States of America, Defendant.

United States District Court W. D. Pennsylvania.

September 17, 1964.


Attorney(s) appearing for the Case

Gustave Diamond, U. S. Atty., Pittsburgh, Pa., for defendant.

Johnston & Coho, Pittsburgh, Pa., for plaintiff.


DUMBAULD, District Judge.

Congress has seen fit to vest in the district court of the plaintiff's residence the power to review final decisions of the Secretary of Health, Education and Welfare under the Social Security system. 42 U.S.C. § 405(g). The Secretary's findings of fact, supported by substantial evidence, are conclusive. In the case at bar there is no controversy as to the facts, but the issue is a question of law, as to which the parties are entitled...

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