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VARNEY v. WEINBERGER

No. 1585.

373 F.Supp. 678 (1974)

Roland T. VARNEY, Plaintiff, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant.

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

March 27, 1974.

Attorney(s) appearing for the Case

Roland Case, Kelsey E. Friend Law Firm, Pikeville, Ky., for plaintiff.

Eugene E. Siler, Jr., U. S. Atty., Robert M. Murphy, Jr., Asst. U. S. Atty., Lexington, Ky., for defendant.

MEMORANDUM OPINION

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 benefits awarded the plaintiff under 42 U.S. C. §§ 416(i), 423. Jurisdiction is alleged and found under 42 U.S.C. § 405(g).

The plaintiff contends that the Secretary's decision of August 1, 1970 to terminate the plaintiff's benefits was erroneous...

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