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O'BRIEN v. FINCH

No. 27269 Summary Calendar.

415 F.2d 802 (1969)

George A. O'BRIEN, as Executor of the Estate of William A. Harvard, Plaintiff-Appellant, v. Robert H. FINCH, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

September 11, 1969.

Attorney(s) appearing for the Case

Thomas A. Horkan, Jr., Alfred D. Bieley, Miami, Fla., for appellant.

William A. Meadows, Jr., U. S. Atty., Alfred E. Sapp, Asst. U. S. Atty., Miami, Fla., Alan S. Rosenthal, Ralph A. Fine, Attys., Civ. Div., Dept. of Justice, Washington, D. C., William D. Ruckelshaus, Asst. Atty. Gen., for appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

We have concluded on the merits that oral argument is unnecessary in this case. Accordingly, we have directed the Clerk to place the case on the Summary Calendar and to notify the parties of this fact in writing. See Rule 18 of the Rules of this Court and Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804.

Sections 213(a) (2) and 223(c) (B) (1) (i) of the Social Security Act1 provide...

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