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MacDONALD v. WEINBERGER

No. 74-2734.

512 F.2d 144 (1975)

John S. MacDONALD, Plaintiff-Appellee, v. Caspar W. WEINBERGER, Secretary of the Department of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 4, 1975.

Attorney(s) appearing for the Case

Donald Etra (argued), Dept. of Justice, Washington, D.C., for defendant-appellant.

No appearance for plaintiff-appellee's attorney, the real party in interest.

Before ELY, CARTER and GOODWIN, Circuit Judges.

OPINION

ELY, Circuit Judge:

After unsuccessfully prosecuting a pro se claim for retroactive Social Security disability benefits through the Department of Health, Education and Welfare (HEW), MacDonald secured the professional services of an attorney. On MacDonald's behalf, the attorney filed a suit against the Secretary of HEW in the District Court, but before the court heard the merits of MacDonald's claim, the Secretary moved that the matter be...

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