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HOFFMAN v. CELEBREZZE

No. 19147.

405 F.2d 833 (1969)

Harriet H. HOFFMAN, Executrix of the Estate of Ivan M. Hoffman, Appellant, v. Anthony CELEBREZZE, Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals Eighth Circuit.

January 14, 1969.

Attorney(s) appearing for the Case

James A. Stemmler, of Stemmler & Stemmler, St. Louis, Mo., for appellant.

King M. Trimble, Asst. U. S. Atty., St. Louis, Mo., for appellee, Veryl L. Riddle, U. S. Atty., on the brief.

Before VAN OOSTERHOUT, Chief Judge, and BLACKMUN and LAY, Circuit Judges.

VAN OOSTERHOUT, Chief Judge.

This is a timely appeal by Ivan M. Hoffman from an order of the District Court which pursuant to the Government's application for relief under Rule 60(b), Fed.R.Civ.P., modified a prior judgment it had made directing an increase in social security benefits and awarding 6% interest on past due benefits. The modification made was to eliminate the interest provision.

In Hoffman v. Gardner, 8 Cir., 369 F.2d 837

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