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GARDNER v. HALL

No. 8650.

366 F.2d 132 (1966)

John W. GARDNER, Secretary of Health, Education and Welfare, Appellant, v. Eli M. HALL, Appellee.

United States Court of Appeals Tenth Circuit.

September 12, 1966.

Attorney(s) appearing for the Case

Jack H. Weiner, Attorney, Department of Justice (John W. Douglas, Asst. Atty. Gen., Bruce Green, U. S. Atty., David L. Rose, Attorney, Department of Justice, on the Brief), for appellant.

Lowry McKee, Tulsa, Okl., for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and SETH, Circuit Judges.

SETH, Circuit Judge.

This action was commenced by a claimant for old age insurance benefits under the Social Security Act to review a decision by the Secretary of Health, Education and Welfare. 42 U.S.C.A. § 405(g). The trial court reversed the decision of the Secretary which had imposed deductions against all of the claimant's old age insurance benefits for the year 1961 and thereafter. The trial court ruled there was no substantial evidence to sustain the findings...

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