MEMORANDUM AND ORDER
JAMES R. MILLER, Jr., District Judge.
Plaintiff, Ross A. Livingstone, brought this action seeking review of a final decision of the Secretary of Health and Human Services ordering recovery of retirement insurance benefits from an alleged overpayment (Paper No. 1). On cross motions for summary judgment, this case was referred to United States Magistrate Clarence E. Goetz, who on March 13, 1985, issued a Report and Recommendation in
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