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STARK v. FLEMMING

Civ. No. 38250.

181 F.Supp. 539 (1959)

Catherine C. STARK, Plaintiff, v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare, Defendant.

United States District Court N. D. California, S. D.

November 23, 1959.

Attorney(s) appearing for the Case

J. Warren Manuel, Oakland, Cal., for plaintiff.

Lynn Gillard, U. S. Atty., San Francisco, Cal., for defendant.

SWEIGERT, District Judge.

This is a motion by defendant for summary judgment pursuant to F.R.Civ. P. rule 56, 28 U.S.C.A.

The action was brought under Social Security Act, Sec. 205(g), 42 U.S.C.A. § 405(g) which provides for judicial review of final decisions of the Secretary of the Department of Health, Education and Welfare. The final decision of the Secretary presented for review in this action was a ruling to the effect that plaintiff was not entitled...

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