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WEAVER v. GARDNER

No. 17602.

394 F.2d 111 (1968)

Mattie L. WEAVER, Administratrix of the Estate of and Substitute Party for Ulis Weaver, Deceased, Plaintiff-Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

March 18, 1968.

Attorney(s) appearing for the Case

Daniel J. Tribell, Middlesboro, Ky., for appellant.

J. T. Frankenberger, Asst. U. S. Atty., Lexington, Ky., George I. Cline, U. S. Atty., Lexington, Ky., on the brief, for appellee.

Before PECK and McCREE, Circuit Judges, and CECIL, Senior Circuit Judge.

ORDER.

In 1960, the Secretary terminated payments of Old-age and Child Benefit Insurance to Ulis Weaver, deceased husband of plaintiff-appellant, on the ground that he was not 65 years old when he initially applied for Social Security benefits in 1956. Subsequent administrative proceedings under the Social Security Act resulted in a final decision by the Secretary adverse to claimant. This decision was upheld by the United States District Court for the Eastern District...

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