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ELDRIDGE v. WEINBERGER

No. 73-1864.

493 F.2d 1230 (1974)

George H. ELDRIDGE, Appellee, v. Caspar WEINBERGER, Secretary of Health, Education and Welfare, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 1, 1974.

Attorney(s) appearing for the Case

James C. Hair, Jr., Atty., U. S. Dept. of Justice, (Irvin Jaffe, Acting Asst. Atty. Gen., Leigh B. Hanes, Jr., U. S. Atty., and Kathryn H. Baldwin, Atty., U. S. Dept. of Justice, on brief), for appellant.

Donald E. Earls and Carl E. McAfee, Norton, Va. (Cline, McAfee, Adkins & Gillenwater, Norton, Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and BUTZNER, Circuit Judge.

PER CURIAM:

Asserting that his action in terminating appellee George H. Eldridge's medical disability payments, in July 1972, without a prior oral evidentiary hearing, was proper under the Social Security Administration's regulations, the Secretary of Health, Education and Welfare now appeals the District Court's injunction of the termination.1

The point in this case is whether the procedure prescribed in the regulations...

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