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DUKE v. GARDNER

No. 24682.

387 F.2d 336 (1967)

Van R. DUKE, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Fifth Circuit.

December 12, 1967.

Attorney(s) appearing for the Case

John E. Sacker, Jr., Atlanta, Ga., Ballard & Thigpen, Covington, Ga., for appellant.

Charles L. Goodson, U. S. Atty., Slaton Clemmons, Asst. U. S. Atty., Atlanta, Ga., Kathryn H. Baldwin, Jack H. Weiner, Attys., Dept. of Justice, Washington, D. C., Carl Eardley, Acting Asst. Atty. Gen., for appellee.

Before BROWN, Chief Judge, FAHY and DYER, Circuit Judges.

PER CURIAM:

Appellant filed a claim with the Department of Health, Education and Welfare for disability benefits under Sections 216(i) and 223 of the Social Security Act, 42 U.S.C.A. §§ 416(i) and 423. The claim was denied at all administrative levels, and the appellant filed suit to obtain judicial review of the administrative decision.

Rather than denying or answering the complaint the secretary moved the court, pursuant to 42 U.S.C.A. § 405...

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