HARAPAT v. CALIFANO

No. 78-1793.

598 F.2d 474 (1979)

Stanley HARAPAT, Appellee, v. Joseph A. CALIFANO, Jr., Secretary, Health, Education, and Welfare, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 14, 1979.


Attorney(s) appearing for the Case

Alan M. Grochal, Dept. of Health, Education, and Welfare, Baltimore, Md. (argued), Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Andrew W. Danielson, U. S. Atty., and Douglas A. Kelley, Asst. U. S. Atty., Minneapolis, Minn., on brief, for appellant.

William A. Smoley, Rinke, Noonan, Grote & Smoley, Sauk Rapids, Minn., argued and on brief, for appellee.

Before GIBSON, Chief Judge, and ROSS and McMILLIAN, Circuit Judges.


ROSS, Circuit Judge.

In this case we consider an appeal by the government in the tortuous attempt by Stanley Harapat, a social security claimant, to receive social security benefits.

Mr. Harapat first applied for social security benefits on June 29, 1962. This claim was denied initially, on reconsideration and, eventually, after a hearing. The decision from that hearing, which was held before an administrative law judge, was September 30, 1963. No appeal was...

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