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HAMILTON v. GARDNER

Civ. A. No. 884.

265 F.Supp. 640 (1967)

Bennie HAMILTON, Plaintiff, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

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

March 1, 1967.

Attorney(s) appearing for the Case

J. N. Harman, III, Welch, W. Va., for plaintiff.

Milton J. Ferguson, U. S. Atty., and 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 8, 1966, became the final decision of the Secretary on November 30, 1966, when the Appeals Council adopted it. The final decision holds that, on the basis of his application filed October 8, 1963, the plaintiff is not entitled...

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