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THORNE v. WEINBERGER

No. 75-1337.

530 F.2d 580 (1976)

Lucille F. THORNE, Appellant, v. Caspar W. WEINBERGER, as Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 19, 1976.

Attorney(s) appearing for the Case

Deborah G. Mailman, Raleigh, N.C., for appellant.

Richard A. Olderman, Appellate Section, Civ. Div., U.S. Dept. of Justice (Rex E. Lee, Asst. Atty. Gen., Washington, D.C., Thomas P. McNamara, U.S. Atty., Raleigh, N.C., Leonard Schaitman, Atty., Appellate Section, Civ. Div., U.S. Dept. of Justice, Washington, D.C., on brief), for appellee.

Before CLARK, Associate Justice, BRYAN, Senior Circuit Judge, and WINTER, Circuit Judge.

PER CURIAM:

The appellant, Lucille E. Thorne, seeks review of the decision of the Secretary of Health, Education and Welfare denying her claim for social security disability benefits. The United States District Court, on cross motions for summary judgment treated the same, respectively, as motions to affirm and dismiss under Rule 7(b)(1), Fed.R.Civ.P. Torphy v. Weinberger, 384 F.Supp. 1117, 1119 (E.D.Wis.1974). Finding...

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