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MARTIN v. WEINBERGER

No. CIV-4-74-10.

414 F.Supp. 96 (1975)

James E. MARTIN, etc., Plaintiff, v. Caspar W. WEINBERGER, etc., Defendant.

United States District Court, E. D. Tennessee, Winchester Division.

August 1, 1975.

Attorney(s) appearing for the Case

Thomas H. Strawn, Jr., Tullahoma, Tenn., for plaintiff.

Ray Ledford, Asst. U. S. Atty., Chattanooga, Tenn., for defendant.

MEMORANDUM OPINION

NEESE, District Judge.

This is an action for the judicial review of the decision of the defendant administrator, 42 U.S.C. § 405(g), denying the plaintiff's claim for a surviving child's disability insurance benefits under the Social Security Act. 42 U.S.C. §§ 402(d), 423. Both parties moved for a summary judgment. Rule 56(a), (b), Federal Rules of Civil Procedure.

The plaintiff's current application for benefits...

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