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GARDNER v. MOON

No. 18154.

360 F.2d 556 (1966)

John W. GARDNER, Secretary of Health, Education and Welfare, Appellant, v. Charles F. MOON, Appellee.

United States Court of Appeals Eighth Circuit.

May 12, 1966.

Attorney(s) appearing for the Case

Frederick B. Abramson, Atty., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., and Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., and Theodore L. Richling, U. S. Atty., Omaha, Neb., for appellant.

Harold L. Rock, of Kutak, Rock & Campbell, Omaha, Neb., for appellee.

Before MATTHES, MEHAFFY and GIBSON, Circuit Judges.

MATTHES, Circuit Judge.

This is an appeal from the order of the district court denying motion of the Secretary of Health, Education and Welfare for summary judgment and remanding the cause to the Secretary for a hearing on the merits of the claim.1

The background facts are not in dispute. Charles F. Moon, a medical doctor residing in Omaha, Nebraska, filed an application for old age insurance...

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