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MATUSIAK v. FINCH

No. 71-1081.

452 F.2d 223 (1971)

Aron MATUSIAK, Plaintiff-Appellant, v. Robert FINCH, Secretary of Health, Education and Welfare of the United States, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

October 13, 1971.

Attorney(s) appearing for the Case

Carlton Roffa, Charlton, Yanisch, Greco & Roffa, Milwaukee, Wis., for Aron Matusiak, appellant.

David J. Cannon, U. S. Atty., Joseph P. Stadtmueller, Ast. U. S. Atty., Milwaukee, Wis., for defendant-appellee.

Before FAIRCHILD, STEVENS and SPRECHER, Circuit Judges.

SPRECHER, Circuit Judge.

This is an appeal from the district court's affirmance of a decision of the Appeals Council of the Department of Health, Education and Welfare that the claimant was not entitled to old-age insurance or other benefits when he applied in 1968. The Council found that claimant was born in 1910 rather than in 1903 as he claimed.

The claimant's position is supported by a strong emotional appeal and was accepted by the hearing examiner. These...

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