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MARSHALL v. GARDNER

Civ. A. No. 2330.

298 F.Supp. 542 (1968)

Robert E. MARSHALL and Beatrice E. Marshall, Plaintiffs, v. John W. GARDNER, Secretary of Health, Education and Welfare, Defendant.

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

June 27, 1968.

Attorney(s) appearing for the Case

Harry F. Thompson, Jr., Huntington, W. Va., for plaintiffs.

Milton J. Ferguson, U. S. Atty., 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. This matter was previously before the Court and by order dated June 12, 1967, the cause was remanded to the Secretary for further administrative action. We are again called upon to review the Secretary's final decision which was rendered by the Appeals Counsel on February...

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