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CUNNINGHAM v. FINCH

Civ. No. 1-70-95.

336 F.Supp. 445 (1971)

Ugene L. CUNNINGHAM, Plaintiff, v. Robert H. FINCH, Secretary of the Department of Health, Education and Welfare, Defendant.

United States District Court, D. Idaho.

December 23, 1971.

Attorney(s) appearing for the Case

Emil Pike, Rayburn, Rayborn, Webb & Pike, Twin Falls, Idaho, for plaintiff.

Sherman F. Furey, Jr., U. S. Atty., Boise, Idaho, for defendant.

MEMORANDUM DECISION

McNICHOLS, Chief Judge.

Plaintiff brings this action for judicial review of a final decision of the Secretary of the Department of Health, Education, and Welfare.

Jurisdiction is found in 42 U.S.C. § 405(g), which limits this Court's scope of review as follows:

"* * * The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive...

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