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SUTHERLAND v. FLEMMING

Civ. A. No. 1090.

189 F.Supp. 712 (1960)

Laphane J. SUTHERLAND and Laphane J. Sutherland on behalf of Daniel Ray Sutherland, David Arthur Sutherland, Patti Lynn Sutherland and Teresa Sue Sutherland, Plaintiff v. Arthur S. FLEMMING, Secretary of Health, Education, and Welfare, Defendant.

United States District Court N. D. Alabama, Northwestern Division.

November 22, 1960.

Attorney(s) appearing for the Case

George W. Howell, Pascagoula, Miss., for plaintiff.

W. L. Longshore, U. S. Atty., and M. L. Tanner and John P. Maxwell, Asst. U. S. Attys., Birmingham, Ala., for defendant.

LYNNE, Chief Judge.

Suing under Title 42, U.S.C.A., Section 405(g), plaintiff is here seeking to review the Secretary's decision that the military service of plaintiff's deceased husband could not be used pursuant to 42 U.S.C.A. § 417(a) and (e)1 to establish that he was either a fully or currently insured individual at the time of his death.

The deceased spent his entire working...

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