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CHEERS v. SECRETARY OF HEALTH, ED., & WELFARE

No. 79-1061.

610 F.2d 463 (1979)

Loren S. CHEERS, Plaintiff-Appellant, v. SECRETARY OF HEALTH, EDUCATION, AND WELFARE of the United States, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 23, 1979.

Rehearing and Rehearing Denied January 28, 1980.

Attorney(s) appearing for the Case

R. David Grossman, Chicago Volunteer Legal Services, Niles, Ill., for plaintiff-appellant.

Steven Plotkin, U. S. Dept. of HEW, Chicago, Ill., for defendant-appellee.

Before PELL, SPRECHER and BAUER, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 28, 1980.

PELL, Circuit Judge.

In this case, we are asked to review one of those unfortunate occurrences where well-founded law imposes harsh consequences upon the individual. We are asked to review and overturn a final decision of the Secretary of Health, Education, and Welfare denying appellant disabled children's benefits for a period prior to May 1, 1975. The Secretary readily admits appellant was eligible...

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