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JOHNSON v. GARDNER

No. 19120.

401 F.2d 518 (1968)

Clifford S. JOHNSON, Appellant, v. John W. GARDNER, Secretary of Health, Education and Welfare of the United States of America, Appellee.

United States Court of Appeals Eighth Circuit.

October 21, 1968.

Attorney(s) appearing for the Case

Dennis H. Hill, of Costello, Porter, Hill, Banks & Nelson, Rapid City, S. D., for appellant.

David V. Vrooman, Asst. U. S. Atty., Sioux Falls, S. D., for appellee, Harold C. Doyle, U. S. Atty., Sioux Falls, S. D., was on the brief.

Before VAN OOSTERHOUT, Chief Judge, and GIBSON and BRIGHT, Circuit Judges.

PER CURIAM.

Clifford S. Johnson instituted this action in the District Court pursuant to 42 U.S.C.A. § 405(g) to review the final decision of the Secretary disallowing his claim for old-age benefits under the Social Security Act upon the ground plaintiff had failed to establish the required thirteen quarters of coverage. The Secretary's records show that plaintiff has established nine quarters of coverage.

Plaintiff's contention that he has established...

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