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NELSON v. GARDNER

Civ. A. No. 2319.

271 F.Supp. 800 (1967)

Willard NELSON, Plaintiff, v. John W. GARDNER, Secretary of Health, Education, and Welfare, Defendant.

United States District Court S. D. West Virginia, Huntington Division.

August 9, 1967.

Attorney(s) appearing for the Case

Howard H. Moore, Louisa, Ky., Toney E. Cline, Charleston, W. Va., for plaintiff.

Milton J. Ferguson, U. S. Atty., George D. Beter, Asst. U. S. Atty., Huntington, W. Va., for defendant.

CHRISTIE, District Judge:

This is an action under Section 205(g) of the Social Security Act, 42 U.S.C.A. § 405(g), to review a final decision of the Secretary of Health, Education, and Welfare. A decision by a hearing examiner on November 30, 1966 became the final decision of the Secretary on January 18, 1967, when the Appeals Council denied plaintiff's request for review. The final decision holds that plaintiff is not entitled

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