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MAGGARD v. WEINBERGER

Civ. A. No. 1656.

364 F.Supp. 1229 (1973)

Sewell MAGGARD, Plaintiff, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

United States District Court, E. D. Kentucky, Pikeville Division.

October 17, 1973.

Attorney(s) appearing for the Case

Alva A. Hollon, Hollon & Hollon, Hazard, Ky., for plaintiff.

Eugene E. Siler, Jr., U. S. Atty., Lexington, Ky., for defendant.

HERMANSDORFER, District Judge.

This action seeks by Summary Judgment proceedings to review a final decision of the Secretary of Health, Education and Welfare terminating the plaintiff's disability benefits under 42 U.S.C. §§ 416(i), 423 as of December 22, 1970. Jurisdiction lies under 42 U.S.C. § 405(g).

The Secretary has the power to determine in a single decision the issues of fact of the claimant's disability, the extent of such disability...

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