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ABSHIRE v. GARDNER

No. 11274.

381 F.2d 737 (1967)

Frank ABSHIRE, Ruth J. Abshire and Donald E. Abshire, David R. Abshire and Keith D. Abshire, each of whom is an infant, who individually sue by Frank Abshire, as their father and next friend, Appellants, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 18, 1967.

Attorney(s) appearing for the Case

Fred O. Blue, Bluefield, W. Va., for appellants.

George D. Beter, Asst. U. S. Atty. (Milton J. Ferguson, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and HUTCHESON, District Judge.

PER CURIAM:

For the reasons appearing in the memorandum opinion of the District Judge filed February 3, 1967, 271 F.Supp. 927, the judgment is affirmed.

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