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WEISBRAUT v. SECRETARY OF D. OF H. & H. S. OF U.S.

No. 84-5549.

757 F.2d 83 (1985)

Allan WEISBRAUT, Appellant, v. SECRETARY OF DEPARTMENT OF HEALTH AND HUMAN SERVICES OF the UNITED STATES and Mr. William Reiche, Mr. David Lunt, Mr. S.J. Sior, Mr. Leonard Greene and Mr. George Shainswit and his special designated staff.

United States Court of Appeals, Third Circuit.

Decided March 22, 1985.

Rehearing Denied April 11, 1985.

Attorney(s) appearing for the Case

Allan Weisbraut, pro se.

Paul J. Dillon, Asst. U.S. Atty., Newark, N.J., for the United States.

Before WEIS, HIGGINBOTHAM, and ROSENN, Circuit Judges.

Submitted Pursuant To Third Circuit Rule 12(6) February 20, 1985.

OPINION OF THE COURT

WEIS, Circuit Judge.

The Secretary of Health and Human Services reduced the plaintiff's retirement benefits because Social Security records indicated that he had not reported self-employment earnings in six specified years. Plaintiff demonstrated that the records were in error as to one of the challenged years and for that reason urges that the statutory presumption...

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