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POE v. MATHEWS

No. 76-1908.

572 F.2d 137 (1978)

Louis T. POE, Plaintiff-Appellee, v. F. David MATHEWS, Secretary, Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 27, 1978.

Attorney(s) appearing for the Case

William W. Milligan, U. S. Atty., Columbus, Ohio, Anthony W. Nyktas, Asst. U. S. Atty., Cincinnati, Ohio, Harry R. Silver, Ronald R. Glancz, Dept. of Justice, Civ. Div., App. Section, Mary Gallagher, Washington, D. C., for defendant-appellant.

James W. Lippert, Cincinnati, Ohio, for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and EDWARDS and LIVELY, Circuit Judges.

PER CURIAM.

The Secretary of Health, Education and Welfare appeals from an order of the district court in an action seeking review of the Secretary's denial of disability insurance benefits to the plaintiff Louis T. Poe. Shortly after the complaint was filed the district court entered an order directing the Secretary to file the transcript of proceedings on a given date. When the Secretary had failed to file the transcript approximately ten weeks after the date set...

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