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FENIX v. CELEBREZZE

Civ. A. No. 1750.

289 F.Supp. 758 (1968)

Frank G. FENIX and Jessie P. Fenix, Plaintiffs, v. Anthony J. CELEBREZZE, Secretary of Health, Education, and Welfare, Defendant.

United States District Court W. D. Missouri, Southwestern Division.

August 8, 1968.

Attorney(s) appearing for the Case

Blanchard & Van Fleet, by Robert E. Seiler, Joplin, Mo., for plaintiffs.

Calvin K. Hamilton, U. S. Atty., by Anthony P. Nugent, Jr., Kansas City, Mo., for defendant.

MEMORANDUM OPINION DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND REVERSING DECISION OF DEFENDANT

BECKER, Chief Judge.

This is the second civil action under the Social Security Act to review a final decision of the Secretary of Health, Education, and Welfare denying to plaintiff old-age insurance benefits provided by Section 402(a) of Title 42, U.S.C., and requiring the repayment by plaintiff and his wife of benefits previously received by them under...

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