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FOSS v. GARDNER

No. 18214.

363 F.2d 25 (1966)

Martha E. FOSS, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Eighth Circuit.

July 14, 1966.

Attorney(s) appearing for the Case

Magee, Magee, Hiniker & Pherson, Minneapolis, Minn., for appellant.

John W. Douglas, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for appellee; Morton Hollander and Edward Berlin, Attorneys, Dept. of Justice, Washington, D. C., and Hartley Nordin, U. S. Atty., Minneapolis, Minn., on the brief.

Before VAN OOSTERHOUT, BLACKMUN and GIBSON, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is a timely appeal from final judgment of the District Court affirming the determination of the Secretary of Health, Education and Welfare, denying the application of Martha E. Foss for old-age insurance benefits and dismissing the complaint. The review proceedings were instituted in the trial court pursuant to 42 U.S.C.A. § 405(g).

The application at issue here (claimant's...

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