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SMALL v. GARDNER

No. 7004.

390 F.2d 186 (1968)

Stillman SMALL, Plaintiff, Appellant, v. John W. GARDNER, Secretary, Department of Health, Education and Welfare, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided February 16, 1968.

Attorney(s) appearing for the Case

Stillman Small pro se.

Edward G. Hudon, Asst. U. S. Atty., with whom Lloyd P. LaFountain, U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM:

Plaintiff applied for Social Security benefits on behalf of two minor children. The hearing examiner who heard the matter locally allowed the claim. Shortly thereafter, the Appeals Council of the Social Security Administration in Washington reviewed and by decision dated July 24, 1962, reversed the hearing examiner. On the same day the Council notified plaintiff of its decision.

In this action, brought more than four and a half years later,

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