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WOODS v. RICHARDSON

No. 72-1193.

465 F.2d 739 (1972)

Tom H. WOODS, Plaintiff-Appellant, v. Elliot RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

August 10, 1972.

Attorney(s) appearing for the Case

H. H. Gearinger, Gearinger, Bowles & Petty, Chattanooga, Tenn., for plaintiff-appellant.

Thomas J. Press, Civil Div., Dept. of Justice, Washington, D. C., for defendant-appellee; L. Patrick Gray, Asst. Atty. Gen., Kathryn H. Baldwin, William Kanter, Michael H. Stein, Dept. of Justice, Washington, D. C., John L. Bowers, U. S. Atty., Chattanooga, Tenn., Jerry Foster, Asst. U. S. Atty., on brief.

Before EDWARDS, McCREE and MILLER, Circuit Judges.

PER CURIAM.

This is an appeal from the dismissal of a complaint seeking review of a decision by the Secretary of Health, Education and Welfare refusing to reopen a determination that appellant is not qualified to receive disability benefits under the Social Security Act. Appellant contends that the Secretary's decision was arbitrary and an abuse of discretion within the meaning of the Administrative Procedure Act, 5 U.S.C. § 701 et seq.1

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