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WHIPP v. WEINBERGER

No. 74-1475.

505 F.2d 800 (1974)

Eugene WHIPP, Plaintiff-Appellee, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

December 2, 1974.

Attorney(s) appearing for the Case

William W. Milligan, U. S. Atty., Arthur D. Jackson, Jr., Dayton, Ohio, Leonard Schaitman, Richard A. Olderman, Donald Etra, Carla A. Hills, Morton Hollander, Dept. of Justice, Washington, D. C., for defendant-appellant.

Eugene F. Whipp, in pro per.

Before PHILLIPS, Chief Judge, and PECK and McCREE, Circuit Judges.

PER CURIAM.

On September 8, 1972, the Appeals Council of the Social Security Administration, Department of Health, Education and Welfare, denied the appellee's application for disability benefits under the Social Security Act, 42 U.S.C. §§ 416(i) and 423. This became the final decision of the Secretary. On November 8, 1972, sixty-one days after notice of this decision was mailed to the appellee, the action was filed...

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