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BELCHER v. RICHARDSON

Civ. A. No. 1185.

317 F.Supp. 1294 (1970)

Raymond BELCHER, Plaintiff, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant.

United States District Court, S. D. West Virginia, at Bluefield.

September 10, 1970.

Attorney(s) appearing for the Case

Marshall G. West, West, Blackshear & Rundle, Pineville, W. Va., for plaintiff.

W. Warren Upton, U. S. Atty., Charleston, W. Va., Leo J. Meisel, 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. A decision by a hearing examiner on October 31, 1969, became the final decision of the Secretary on January 20, 1970, when it was affirmed by the Appeals Council. The matter is before the Court on the cross motions of the parties for summary judgment pursuant to Rule...

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